13. March 2009 by admin.

We are all now familiar with the iconic AP photograph of Obama looking heavenward in a moment of quiet reflection. We are also familiar with Shephard Fairey, he of Obey fame’s, “repurposing” of the photograph to create a red and blue image reflecting Fairey’s propaganda aesthetic.

The AP was upset at Fairey’s derivative use of its photograph, and went to Fairey to discuss a license. Fairey was not interested in a license, and filed a lawsuit declaring that his use of the photograph was fair use.

Now, the AP has blasted back, taking Fairey to task over the course of several pages in its counterclaim for copyright infringement. Fairey, as the AP puts it, is nothing more than a “copy and paste” artist.  The assault begins on page 28: AP Copyright Counterclaim

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2. March 2009 by admin.

You can read the article at the link below:

http://www.exclusiverights.net/2009/02/judge-matz-denies-motion-to-dismiss-infringement-of-floral-patterns-design-elements-werent-generic-copies-of-natural-phenomena/

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20. February 2009 by admin.

D / B attorney Scott A. Burroughs, Esq. wins an injunction on behalf of Bryan Callan in Federal Court. Find the reportage here: L.A. Business Journal Article on Injunction in Callan v. Audigier

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14. January 2009 by admin.

Most artists are not aware of their rights under copyright law. In responding to numerous questions from artists, it has become apparent that some people think that the full extent of copyright protection only allows an artist to force an infringer to cease and desist use of his/her work. While a cease and desist letter is certainly in order when one’s work is being ripped off, a copyright owner is also entitled money damages. Money damages can come in the form of statutory damages (stay tuned for more posts regarding statutory damages), lost profits and/or disgorgement of the infringer’s profits derived from the infringement (stay tuned for more on these subjects too).It’s wise to consult with an attorney who has experience in copyright litigation and an attorney who is committed to the enforcement of an artist’s rights under the law. The cease and desist demand is the first step in the process, and an experienced arts attorney will be able to draft the letter for maximum impact, and advise you regarding the next steps, which may include litigation.

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14. January 2009 by admin.

Verdict Sheet - Kelley v. Crate & Barrel

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13. January 2009 by admin.

Doniger/Burroughs APC is a full-service law firm assisting those in the fashion, art, entertainment, and publishing industries.

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