Posts tagged with "Copyright"

Lil Nas X 'Satan Sneaker' illustration by Heather Skovlund for 360 Magazine

NIKE vs MSCHF

Nike has filed a federal trademark infringement lawsuit against MSCHF shoes that released a controversial customized version of its sneakers “Satan Shoes” with rapper Lil Nas X. In the lawsuit filed today, Nike accused MSCHF Product Studio, Inc. of trademark infringement over the designer’s 666 pairs of modified Nike sneakers made in collaboration with the “Old Town Road” singer. All 666 pairs sold out Monday.

Fara Sunderji is a partner at the international law firm Dorsey & Whitney in its New York office. Sunderji has extensive expertise in all stages of trademark, copyright, clearance, prosecution, maintenance, enforcement, and litigation. Of the lawsuit she says, 

“Nike’s swoosh is probably one of the most recognizable non-word trademarks in the world.  You see it and you automatically think of Nike as the source of the good on which it appears.  This is how trademarks are supposed to operate, as a source identified.  Nike’s case here is pretty simple to understand:  MSCHF is selling Nike Air Max 97’s that have been modified in a way in which Nike does not approve.  People see these “Satan Shoes” and think they come from Nike and some people don’t like that.  Nike, therefore, claims that the release of these “Santa Shoes” is harming its valuable brand,” Sunderji says. 

“MSCHF will likely argue that they are protected under a theory called the First Sale Doctrine, which allows third parties to resell trademarked goods that have already entered the marketplace.  But the doctrine is limited to the sale of genuine goods.  The doctrine is based on the premise that consumers are not being deceived because they are receiving what they have bargained for, the trademarked good. Under Second Circuit case law, goods are not genuine if they do not conform to the brand owner’s quality control standards, and it is easy to guess Nike’s take on this issue – Just don’t do it,” Sunderji says. 

According to NBC News, the lawsuit states “We don’t have any further details to share on pending legal matters,” Nike said. “However, we can tell you we do not have a relationship with Lil Nas X or MSCHF.”

Trademark attorney Josh Gerben of Gerben Perrott PLLC stated to CNN Business that “It’s a legal rationale that grants artists who purchase and repurpose individual copyrighted products the ability to express and profit off their own creativity.”. He also pointed out Nike shoe redesigners like MSCHF commonly sell their work on online marketplaces. “You’ve got all kinds of artists that go out there and they take a shoe, and they’ll do a whole bunch of custom art on the shoe and maybe resell it for $1,000-3,000,” Gerben said. “This is something Nike is well aware of and has done absolutely nothing to mess with because there’s a sneaker culture here.”

Lil Nas X isn’t named as a party in the lawsuit. Representatives for the musician did not respond to calls or emails requesting comment.

The backlash from social media is incredible with thousands of people expressing their opinions with the shoes and the representation they bring:

  •  South Dakota Governor Kristi Noem tweeted “Our kids are being told that this kind of product, is not only okay, it’s “exclusive.” But do you know what’s more exclusive? Their God-given eternal soul. We are in a fight for the soul of our nation. We need to fight hard. And we need to fight smart. We have to win.”.
  • NBA star Nick Young tweeted “My kids will never play Old Town Road again… I’m still debating about wearing Nike after this come Nike a drop of blood for real”.
  • On Instagram, celebrity musician Miley Cyrus shares a photo proudly wearing the controversial sneakers, captioning the post “Can you see Satan?”.

The controversial ‘Satan Shoes’ were strategically dropped after the release of Lil Nas X’s music video for “Montero (Call Me By Your Name)”, which has already been viewed more than 54 million times.

Lil Nas X took to Twitter in his true fashion posting “I spent my entire teenage years hating myself because of the shit y’all preached would happen to me because I was gay. So I hope u are mad, stay mad, feel the same anger you teach us to have towards ourselves.”

Allison Christensen Illustrates a Music Business Article for 360 MAGAZINE

VEVA Sound X Quansic

VEVA Sound announced Tuesday that users of its platform are now able to register for an ISNI number for free.

An ISNI is an International Standard Name Identifier, a number uniquely identifying an individual in the music industry.

VEVA Sound verifies archived projects for clients. By partnering with Quansic, a leader in ISNI services, to facilitate registrations, it is now easier for creators to get credit and payment for their work.

FX Nuttall, the founder of Quansic, said the partnership made perfect sense for the company, as both Quansic and VEVA Sound share a vision that creators should be able to be identified easily and early in the creative process.

“As this partnership continues into the future, we are enthusiastic about introducing VEVA Collect’s users to our products — starting with ISNI registration before addressing the allocation of ISRC for Recordings and BOWI for Works,” Nuttall said. “We at Quansic are focused on enabling 100% identifier coverage for all, and our friends at VEVA provide an unprecedented opportunity for the independent creative community to do just that.”

President of VEVA Sound Deborah Fairchild said she is excited about the partnership and for the new opportunities for artists and creators who use VEVA Collect for payment for their work.

“FX Nuttall is widely respected in our industry, and we are proud to avail his expertise to our users through Quansic,” Fairchild says. “We believe it is imperative that we empower creatives with every resource available to receive authenticated credit for their work.

VEVA Sound was founded in 2002 and works to spearhead the movement to define, create and implement the standards for how sound is preserved and monetized. They now have offices in New York City, Los Angeles, Nashville and London where they work with clients to verify and archive audio and metadata.

To learn more about VEVA Sound, you can click right here. You can also follow them on Twitter, Instagram and Facebook.

You can learn more about Quansic by clicking right here.

Copyright Modernization Forum

By Ellis Brachman

On Thursday, July 16, at 10 am ET, the Library of Congress Office of the Chief Information Officer and the U.S. Copyright Office will host a virtual public forum on Copyright Office IT modernization. The purpose of Copyright Office IT modernization is to ensure that the creative community and other copyright users have a nimble, state-of-the-art, and efficient IT system at their service. This forum will be an opportunity to share information and receive feedback from stakeholders and the public on current Copyright Office IT modernization progress and future milestones. Acting Register of Copyrights Maria Strong and the Library’s Chief Information Officer Bernard A. Barton, Jr. will lead the event, providing an overview of the new Enterprise Copyright System that is being developed and the technical, user experience design, and IT security approach guiding this joint effort.

The forum will include demonstrations of the Recordation and Online Public Record applications that are in testing and pilot phases and an early look at planning for the Registration and Licensing applications, which will begin development soon. The forum will close with an opportunity for participants to ask questions of the Acting Register, CIO, and other presenters about the IT modernization effort. For more information about Copyright Office IT modernization, visit copyright.gov/copyright-modernization/.

The virtual public forum is free and open to the public, and participants must register to participate. Request ADA accommodations five business days in advance at (202) 707-6362 or ADA@loc.gov.

The Library of Congress is the world’s largest library, offering access to the creative record of the United States — and extensive materials from around the world. It is the main research arm of the U.S. Congress and the home of the U.S. Copyright Office.