Author: Jennifer C. Duval

Posh goods featured on TV denied copyright

The U.S. Court of Appeals for the Second Circuit in New York has affirmed a federal district court’s dismissal of a copyright infringement claim launched after a reality show featured virtual images of designer furniture. Selling New York is reality show on Home and Garden Television (HGTV) that follows Manhattan real estate brokers selling properties with average prices exceeding $2 million. Andre Joyau is a designer furniture line with clientele including Donna Karan, Sydney Pollack and Playboy Magazine. In 2010, Plesko & Rael, an architecture firm that works with Core, a real estate agency featured on the HGTV show, pitched Andre Joyau on featuring its products on Selling New York. That deal that fell through when Heptagon Furnitures, Andre Joyau’s corporate parent, says Core refused to insure items to be loaned for the show. During the 2010-2011 show season,  virtual images of the pieces were featured in the sale of a Park Avenue condominium worth almost $6 million. Heptagon sued in federal court — thanks to Courthouse News for posting key documents in the case — asserting copyright violations on nine key pieces of furniture featured on the show. As stated in the claim,  for the court to find  infringement, a plaintiff must “allege facts sufficient to demonstrate that 1) it owns a valid copyright; and 2) defendant has, without authorization, copied the copyrighted work.” This claim fell on the first point...

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Which artists will try to recapture rights in ’13?

As the calendar turns, the issue of copyright reversion, termination or recapture — call it what you will — will gain further momentum, as the music albums released in 1978 come into the category where rights to them may go from the labels to the artist. It’s a topic that’s been dealt with by this blog before, including here and here. But as 2013 rolls on us, studio executives remain unfazed and only a small number of artists have filed notices of termination including Devo and Pat Benatar. Here’s a readable recap of the issue and look ahead at prospective developments in the near...

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The Biederman Blog is now ranked NUMBER ONE on Feedspot's Top 20 Entertainment Law blogs (May 2018). It is very exciting to top this list. We are extra proud of number six - Entertainment Law Offices of Gordon P. Firemark. Mr. Firemark graduated from Southwestern in 1992, and is a top entertainment blogger and webinar presenter in addition to being a world class entertainment attorney!

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