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.