Whether protecting the interests of owners of fine art, negotiating on behalf of book authors or musicians, or assisting corporations, arts organizations, and political campaigns to incorporate music into live and online events, our attorneys apply decades of experience with arts and entertainment projects.
Publications
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02.29.2024Human Authorship Requirement Continues To Pose Difficulties for AI-Generated WorksArticles2023 was a breakout year for generative artificial intelligence, but it was a rough year for protecting the content generated using such technology. The U.S. Copyright Office issued several rulings last year on the question of when works generated using AI technology are protected under U.S. copyright law, and so far, applicants have not been able to convince the Copyright Office that the AI-generated components of their works are protectable.
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02.12.2024The Legal Future of Tattoos: A Jury Rules Against Copyright InfringementUpdatesA federal jury in California on January 26, 2024, found that TV-famous tattoo artist Katherine Von Drachenberg (Kat Von D) did not infringe plaintiff Jeffrey Sedlik’s copyrighted photo of jazz artist Miles Davis. Kat Von D did not dispute that she used Sedlik’s photo as a reference for a tattoo she performed on a friend.
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12.14.2023Recent Rulings in AI Copyright Lawsuits Shed Some Light, but Leave Many QuestionsUpdatesThe last few months have seen a flurry of activity in cases involving artificial intelligence (AI), including some of the first major rulings involving generative AI.
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07.06.2023Sign ‘O’ the Times: The Supreme Court Rules on Warhol v. GoldsmithUpdatesThe U.S. Supreme Court has affirmed the U.S. Court of Appeals for the Second Circuit’s decision that the licensing of an image Andy Warhol created of musician Prince (titled “Orange Prince”) based on a photograph by Lynn Goldsmith for use as a magazine cover was not fair use.
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04.20.2023First Lawsuits Arrive Addressing Generative AIUpdatesThis Update is the second in a three-part series on legal issues surrounding generative technologies. This second installment discusses the initial lawsuits filed involving these technologies and how these issues may be addressed by the courts for the first time.
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03.21.2023Copyright Office Stakes Out Position on Registration of AI-Generated WorksUpdatesThere have been two important developments in recent weeks regarding the U.S. Copyright Office’s position on registering works created by the use of artificial intelligence (AI) technology. First, on February 21st, the Copyright Office issued its much-anticipated decision regarding the registration of a graphic novel by artist Kristina Kashtanova that included images generated using the AI tool Midjourney. Then, on March 15th, the Copyright Office issued a policy statement providing its first guidance on the subject of copyright registration for works generated by AI.
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01.26.2023The Latest Chapter in Copyrightability of AI-Generated WorksUpdatesThis Update is the first in a three-part series on legal issues surrounding generative technologies. This first installment will discuss recent developments regarding the copyrightability of AI-generated works.
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11.30.2022Will Taylor Swift’s Bad Blood With Ticketmaster Spur Antitrust Action?Updates
After briefly recounting the history of Ticketmaster and Live Nation and their respective lines of business, this Update analyzes the potential legal theories and remedies that antitrust enforcers could pursue against the entertainment conglomerate.
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11.14.2022Requirements for Engaging Musicians as Independent ContractorsUpdates
The Washington Employment Security Department has recently been auditing Seattle restaurants, resorts, hotels, and nightclubs and claiming that, under Washington law, their musicians are employees of the company unless they have a written independent contractor agreement.
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09.15.2022Golf Antitrust Suit Revamped With New Theories and New PlaintiffUpdatesIn a rapid shake-up of the antitrust lawsuit filed against the PGA Tour Inc., professional golfers Carlos Ortiz, Abraham Ancer, Pat Perez, and Jason Kokrak have withdrawn from the case.
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08.11.2022Pro Golfers Tee Off Antitrust Suit Against PGA TourUpdatesA group of 11 professional golfers launched an antitrust suit in the U.S. District Court for the Northern District of California against the PGA Tour, Inc.
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06.08.2020Challenge Mode: COVID-19’s Impact on the Video Game IndustryUpdatesCOVID-19 has wreaked havoc on the entertainment industry, creating massive disruptions across many industry sectors.
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05.19.2020Stormy Weather: The Coronavirus Pandemic’s Impact on the Music IndustryUpdatesThe COVID-19 pandemic is upending the entertainment industry, with music, film and television, and other industry sectors experiencing profound disruptions to the status quo.
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05.12.2020A River Runs Through It: The Pandemic’s Wave of Change to the Film and Television Industry (and Finding Potential Winners and Losers)UpdatesThe COVID-19 pandemic is rapidly cutting a wide swath of change in the entertainment industry.
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08.09.2018DOJ Seeks Public Comments on Paramount Decrees, Creates Critical Moment for Movie IndustryUpdatesThe Antitrust Division of the U.S. Department of Justice (DOJ) last week announced that it was seeking public comments on the continued viability of the Paramount Consent Decrees, which have regulated how motion pictures are distributed to theaters for the past 70 years.
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04.17.2014Risks of Tribute Advertisements Are Focus of Seventh Circuit DecisionUpdatesThink the First Amendment protects your business from liability for running an ad congratulating a celebrity or other public figure? Better think again.
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03.04.2013ICANN's Trademark Clearinghouse for Expanded gTLDs to Launch March 26: Are You Ready?UpdatesThe Internet Corporation for Assigned Names and Numbers (ICANN), which is charged with enabling and securing the Internet, has been hard at work on a significant expansion project.
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02.05.2013The Madrid System Is Expanding: Is Your Trademark Portfolio Covered?UpdatesAs more countries join the Madrid Protocol System for the International Registration of Marks (Madrid System), trademark owners should be sure to take full advantage of this trademark registration option. There are now 89 members of the Madrid System. Significantly lower application and maintenance costs, as well as streamlined portfolio management options, are just a few of the reasons why the Madrid System is advantageous for trademark owners.
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01.24.2013Software Developer Accused of Aiding and Abetting Illegal GamblingUpdatesOn January 8, 2013, the Supreme Court of the State of New York conducted a hearing in a criminal case that may cause concern among software developers whose software could be used for illegal activities.
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12.14.2012Right of Publicity Laws: WashingtonArticlesThis Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity claims, personal jurisdiction and choice of law considerations, and transfer and licensing of the right.
Presentations
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01.08.2024AI the Controversy: Innovation & Transformation vs. Threat to the FutureSpeaking EngagementsDigital Hollywood / Las Vegas, NV
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07.21.2022 - 07.24.2022Current Trends in the Art Market: Health or Hype CycleSpeaking EngagementsSponsorship
Seattle Art Fair / Seattle, WAPerkins Coie was proud to serve as the exclusive law firm sponsor of the 2022 Seattle Art Fair. A one-of-a-kind destination for the best in modern and contemporary art. -
05.25.2022#NYEntertainmentIsBackSpeaking EngagementsThe Perkins Coie New York Digital Media & Entertainment, Gaming & Sports industry group celebrated Asian American and Pacific Islander Heritage Month with a fireside chat.
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09.23.2020Unauthorized Use of Trademarks and Copyrights in Social Media and User-Generated Content: Where Are the Boundaries and Who’s Responsible?Speaking EngagementsPanelist
USC Gould School of Law’s 2020 IP Institute / Santa Monica, CA -
06.25.2020Adapting to a Changing World: Appetite & Acquisition in the Art Market TodaySpeaking EngagementsChristie’s / WebinarOn June 25, Seattle Partner Lynne Graybeal, along with other panelists, spoke on “Adapting to a Changing World: Appetite & Acquisition in the Art Market Today.”
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05.02.2020 - 05.06.2020Collectors and Museums: Legal PerspectivesSpeaking EngagementsSponsorship
AAMC’s 2020 Art Curators Conference -
08.21.2019
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08.01.2019 - 08.04.2019
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01.23.2019Artificial Intelligence and its Role in CopyrightSpeaking Engagements