Jonathan Pink — Entertainment, Internet and New Media Partner at Lewis Brisbois, LLP Rotating Header Image

Posts under ‘Intellectual Property’

Inverse Ratio = Logical Confusion

We’ve got a mouse living under our kitchen sink. I’ve been trying to kill it, but now I’m wondering if I couldn’t use as it pet therapy. It doesn’t seem to be helping with my anger management.
We also have a gopher! It’s ruining the back yard. I bought some device to kill it: basically [...]

And The DMCA is BACK!

And the Pink is back! Hey, I’ve been busy. But this is big, so it’s worth writing about.
Yesterday, the Ninth Circuit ruled that the DMCA (the Digital Millennium Copyright Act) indeed protects user-generated-content sites, or Veoh Networks in this particular case, from liability for copyright claims where the evidence showed that [...]

Like a Candle in the Wind — Ninth Circuit Snuffs Out the Appeal Filed by the Monroe Estate’s

With Apologies to Elton John . . .
Well goodbye Norma Jean, the Ninth Circuit has now affirmed that your estate is estopped from asserting your rights of publicity, though they never knew you at all.
You had the grace to hold yourself while the Ninth Circuit crawled out of the woodwork and whispered that 4 decades [...]

The Sound and the Fury of William Faulkner

Without disparaging anyone for filing a really silly complaint, you do have to sit up and take notice of this one. And probably scratch your head while you’re at it.
The basic scoop is this: Faulkner Literary Rights, the entity that was established to protect and monetize the works by the late, great William [...]

Eric Goldman’s Comments on My Post of Last Week Regarding Actress’s Right to Sue for Copyright Infringement

My post of last week regarding the actress in “Innocence of Muslims” suing for copyright infringement generated the following email exchange between me and Eric Goldman, Professor, Santa Clara University School of Law and Director, High Tech Law Institute (; email:
ERIC: I think you breezed over the fixation requirement. Yes, there is a fixation [...]

Actress Claims Copyright Protection In Her Performance; Can You Do That?

A debate is brewing over the film, “Innocence of Muslims.”
Slow down, I’m not talking about the debate over it’s merit, artistic qualities, or even the really important First Amendment issues it presents.
I’m talking copyright. Specifically, whether an actor/actress has a right to assert a copyright interest in his/her performance when that performance is fixed in [...]

“And I Think I Love You” . . . Or Not: Shirley Jones and The Right of Publicity

Shirley Jones, star of my childhood fav, “The Partridge Family,” has lost again.
Ms. Jones had sued the photo-licensing company, Corbis, for violating her right of publicity after Corbis displayed images of the long-ago-once-upon-a-time ingénue on its website.
As a refresher, the right of publicity has been defined as the inherent right of every human being to [...]

More Yoga Poses — No Copyright Infringement


Back in February, I wrote about a copyright infringement lawsuit that had been asserted by the creator of Bikram Yoga, Bikram Choudury.
He brought the case against one of his former students on the basis that the student allegedly taught Bikram’s sequence of twenty-six postures without a copyright license to use Bikram’s work. Bikram claimed the [...]

The Art of Ending an Act: An End to the California Resale Royalties Act

In 1973, after a work by Robert Rauschenberg sold at auction for $85,000, Rauschenberg blew a gasket.
Presumably, Rauschenberg wasn’t ticked off about the fact that his work was being sold at Sotheby’s or that it had pulled in quite big chunk of change. Rather, as the story goes, he was angry about the fact that [...]

Goodbye, Mr. Bradbury. And thank you.

Was going to write about the Sotheby’s case that invalidated the California Resale Royalties Act as unconstitutional, but that can wait.
Today I mourn the passing of Ray Bradbury.
Andrea and I met him once, in Glendale, at a library book signing. He was jovial, gentle and sweet.
But that wasn’t the first time I had met him. [...]