September 24, 2010 – In a resounding victory for copyright holders everywhere, Doniger/Burroughs attorney Scott Burroughs, representing fabric concern L.A. Printex, prevailed at the summary judgment stage in federal court in a case involving the illegal sub-licensing of a copyrighted work of art.
In a ruling that affirmed the importance of the copyright holder having a say as to which parties are able to exploit its copyrighted work, the Court specifically found that a sub-licensee that is not expressly authorized by the copyright holder may not lawfully use its work.
This ruling protects an artist or copyright owner from unchecked sub-licensing of a work for which a license has been granted. If the licensee wants to sub-license the licensed work, it must return to the artist or copyright holder and obtain its express permission.
Attorney Scott Burroughs of Doniger / Burroughs APC specializes in fashion, art, copyright, trademark and business law and litigation.
He may be reached at (310) 590-1820.
Tags: Fashion law, apparel industry, copyright, licensing