On September 13, Ashima Dayal, Davis + Gilbert Advertising + Marketing partner, will speak on a panel for Copyright and Technology 2022 Conference entitled "Thank You for Your Service: The Future of the Server Test." Session Overview Fifteen years ago, Perfect 10 v. Amazon.com established the Continue Reading
See You at the #Oscars: Social Media Guidance for Brands and Advertisers
The Bottom Line Permission to use #Oscars this season is, no doubt, a win for brands and an exciting opportunity to join a highly watched event and social media conversation. But savvy advertisers know that posting about awards shows on social media can be a legal minefield and raises Continue Reading
Bloomberg Law | ‘Game of Life’ Copyright Fight Tests Who Owns Old Creative Works
Ashima A. Dayal was quoted in a Bloomberg Law article "‘Game of Life’ Copyright Fight Tests Who Owns Old Creative Works". Continue Reading
That Post Could Cost You: Copyright Infringement Claims Continue for Social Media Posts
7th Edition: Trends in Marketing Communications Law What do Kim Kardashian, Amy Schumer, LeBron James, Gigi Hadid, and the brands Versace, Fenty and Moschino all have in common? Each has been sued for copyright infringement after posting on their social media channels photographs owned by Continue Reading
The Battle Over ‘Unprotectable’ Elements in Music Copyright Suits Rages On
7th Edition: Trends in Marketing Communications Law Taylor Swift and Katy Perry joined the growing ranks of famous musicians who have battled copyright infringement suits in recent years. While claims of impermissible copying are nothing new in the music business, the recent spate of suits Continue Reading
Intellectual Property Magazine | American Graffiti
Copying Photographs Found Online and the Fair Use Defense
The Bottom Line Companies that find photographs, images, or social media posts online and seek to use these works in advertising or another commercial context, without obtaining the copyright owner’s permission, may subject themselves to copyright infringement claims, even if they crop the works Continue Reading
What’s Going On? Another Marvin Gaye Lawsuit Tests the Limits of Copyright Protection
6th Edition: Trends in Marketing Communications Law Just when you thought it was over, another copyright infringement lawsuit involving a Marvin Gaye song is set for trial. The dust had barely settled on the infamous “Blurred Lines” case when a second suit, this time targeting Continue Reading
Supreme Court Settles Circuit Split on When a Plaintiff May Sue
6th Edition: Trends in Marketing Communications Law The Supreme Court handed down a unanimous copyright decision in March 2019 with implications for anyone involved in a copyright dispute, as well as for marketers and brands that create and use copyrighted materials. In Fourth Estate Public Continue Reading