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Articles by Dori Ann Hanswirth
Kesha SLAPPs Back: New York Court Of Appeals Ruling Settles Some Questions About New York's 2020 Anti-SLAPP Amendments, Leaves One Unanswered
On June 13, 2023, the New York Court of Appeals decided two appeals in the sprawling, almost decade-long defamation case by music producer Lukasz Gottwald (Dr. Luke) against pop music star Kesha Rose Sebert (Kesha). First, the New York high court held that the remedies available under New York's amended anti-SLAPP statute apply to cases that were pending on and continued after the amendments' November 10, 2020 effective date.
Newsweek Ruling Offers Copyright Lessons On New Tech
On March 21, the U.S. District Court for the Southern District of New York issued a decision in McGucken v. Newsweek LLC about whether Newsweek infringed a photographer's copyright by embedding his Instagram photo in an online news article.
Southern District Of New York Strikes Another Blow To Ninth Circuit's Server Test
Highlights On March 21, Judge Failla of the Southern District of New York concluded that "embedding" Instagram content qualifies as infringement of a copyright owner's right to control the "display" of their works, rejecting the Ninth Circuit's server test. The court decided that Instagram's ambiguous "Terms of Use" in effect at the time did not provide a clear license for users to embed content uploaded by another user; updated terms may make this defense even less tenable for future litigants.
TMT Time: Can You Sue Someone For Using Your Tattoo? (Podcast)
United States: TMT Time: Can You Sue Someone For Using Your Tattoo? (Podcast) 15 April 2021 by Evan M. Rothstein and Dori Hanswirth Arnold & Porter Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. TMT Time is a podcast that looks at the pressing and often unique issues facing the Technology, Media & Telecommunications Industry.
TMT Time: How Do Trademarks Apply To Videogames?
United States: TMT Time: How Do Trademarks Apply To Videogames? 07 April 2021 by Dori Hanswirth and Evan Rothstein Arnold & Porter Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. TMT Time is a podcast that looks at the pressing and often unique issues facing the Technology, Media & Telecommunications Industry.
Using One's Image And Personality, Part II: The Boundaries Of The Right Of Publicity
To print this article, all you need is to be registered or login on Mondaq.com. This article, Part II of a series, explores the right of publicity by addressing the ways content creators can avoid liability by incorporating their own creative expression into their works.
Using One's Image And Personality, Part I: Free Speech Or Right Of Publicity Violation?
To print this article, all you need is to be registered or login on Mondaq.com. Individuals have a legal right to protect their identity and control the economic exploitation of their persona and image. But exemptions have been growing as society evolves. Classic forms of intellectual property, like copyrights, trademarks, or patents, protect clearly identifiable outputs of human creativity—for example, novels, musical compositions, logos, or practical inventions.
Monkey See, Monkey Do… Monkey Own? The Curious Case of Naruto v. Slater
When wildlife photographer David Slater set up his camera in the rainforests of Indonesia, he hardly expected to ignite a copyright battle with a monkey. Nonetheless, the legal dispute between Slater and Naruto, a crested macaque represented by his “next friends,” People for the Ethical Treatment of Animals (“PETA”) has captured the attention of the news media. In 2011, Slater, frustrated by his inability to effectively photograph the elusive macaques, conducted an experiment.
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