IP & Media Law Updates

3/24/2025 4:07:50 PM

McPherson v. Kith and the Reach of New York’s Right of Publicity Law

By Jonathan Pryor

In Darryl McPherson v. Kith Retail, LLC d/b/a Kith NYC, Index No. 503083/2024 (N.Y. Sup.), the spotlight is on the intersection of visual...

12/24/2024 6:03:50 PM

By Brian Murphy

This case involves two works by the late artist Robert Indiana. The first is the famous “LOVE” image, created by Indiana in the 1960s and...

11/13/2023 1:46:32 PM

By Brian Murphy

When it comes to tech powered by generative AI, we are on the verge of a Cambrian Explosion, a period during which we can expect an...

10/10/2023 7:22:25 PM

By Brian Murphy

An advertiser includes an infringing image in an advertising campaign. (It has been known to happen.) The copyright owner sues, seeking...

9/29/2023 4:31:57 PM

By Melissa Georges

Michael Kelley v. Morning Bee, Inc. and Apple, Inc., No. 1:21-cv-8420-GHW2023 WL 6276690 (S.D.N.Y Sept. 26, 2023) If you work in the...

6/15/2023 4:56:46 PM

By Nicole Bergstrom

How many ways are there to duct tape a banana to a wall? Apparently not too many. Earlier this week, Judge Scola in the Southern...

4/17/2023 2:37:11 PM

By Brian Murphy

Fame came to Henry Joseph Darger (1892-1973) - widely regarded as one of America's greatest self-taught artists - posthumously. In life,...

11/4/2022 5:53:10 PM

By Brian Murphy

Certain cases will forever be part of the legal seminars and trainings I do for clients. This is one of them. We have blogged previously...

11/4/2022 5:53:10 PM

By Brian Murphy

Certain cases will forever be part of the legal seminars and trainings I do for clients. This is one of them. We have blogged previously...

3/31/2022 12:50:21 AM

By Edward H. Rosenthal

What happens if an institution decides to obscure a work of art on the ground that that it is offensive and unworthy of continued...

11/8/2021 1:33:08 PM

By Brian Murphy

Plaintiff Jacob Aaron Leveille is a visual artist who lives in Florida. (You can check out his work on Instagram.) Defendant Ryan Edward...