Doniger / Burroughs Wins Highly-Contested Motion to Dismiss in Suit against Universal Music
Venice, CA – Doniger / Burroughs has emerged victorious in a complex ongoing dispute regarding application of domestic and international right of publicity laws. The case addresses the unauthorized use by Universal Music of a photograph taken by a photographer represented by the firm of a model also represented by the firm. Universal exploited the image by removing the photographer’s watermark from the image and then using it as the cover art for singer Jeremih’s recent release. Below is the image captured by the Doniger / Burroughs client (top), and the unauthorized use by Universal Music (below):
Universal and its co-defendants have refused to accept responsibility for this clear-cut case of copyright infringement. Instead, they filed motion paperwork asserting that Danish law should usurp California statutory law to preclude certain of the claims brought by Doniger / Burroughs’s clients. Substantial briefing and oral argumentation took place from November of 2015 until this week, when the Judge presiding over the case in the Southern District of New York issued a thorough ruling adopting the positions argued by Doniger / Burroughs. The case will now proceed toward trial.
Scott Alan Burroughs of Doniger / Burroughs represents the photographer and model in this action.
Linda M. Burrow of Caldwell Leslie & Proctor represents Universal Music in this action.
Doniger / Burroughs Prevails on Summary Judgment in Fashion / Copyright Dispute
Venice, CA – Judge Beverly O’Connell this week issued a blockbuster written opinion granting a motion for summary adjudication filed by Doniger / Burroughs attorneys Scott Alan Burroughs, Esq. and Trevor W. Barrett, Esq. The motion sought a determination of the question of whether Connection 18, a New York fashion company, had committed infringement when it exploited without authorization certain floral artwork developed and owned by a Doniger / Burroughs client. Connection 18 printed the artwork on tops it sold into the fashion marketplace. The artwork (left) and an exemplar of the infringing tops (right) are pictured below:
Mr. Barrett argued the motion at hearing opposite Connection 18’s counsel, Peter E. Perkowski, Esq. Judge O’Connell found Mr. Barrett’s advocacy persuasive, and granted the motion in full, resolving the issue of liability for copyright infringement in favor of the Doniger / Burroughs’s client. The case will proceed to trial this fall to address the amount of damages that Connection 18 must pay as a result of its infringement.
Doniger / Burroughs Takes to Task AP, NBC, Huffington Post, LA Times, Al Jazeera, and Others for Copyright Infringement and DMCA Violations
Venice, CA – Doniger / Burroughs has brought a copyright infringement and DMCA action on behalf of photographer Kevin Pack (Silvertip Partners) against various media outlets for the unauthorized use of his photographs and the removal of his copyright attribution information.
Mr. Pack, a former firefighter who works closely with Cal-Fire to photograph wildfires, allows his photographs to be used by news outlets in connection with reporting on the fires photographed provided his copyright management information is retained. When he found his images being commercialized, used with altered or removed copyright information, and used in connection with unrelated fires, he took action.
The case is currently pending in U.S. District Court – Central Division of Los Angeles, and is being handled by Stephen M. Doniger and Howard Han of Doniger / Burroughs. For more information, call Grace Garcia at (310) 590-1820