is an entertainment and media litigator with more than 25 years’ experience navigating his clients’ most challenging issues. He represents studios, production companies, talent agencies, advertising agencies and artists in matters involving intricate industry-specific agreements, trademark, copyright and right of publicity disputes, trade secrets and defamation. In addition, Michael also represents a variety of clients in commercial litigation including partnership disputes and consumer class action defense.
For more information or to contact Michael, please visit his Firm Profile Page.
The U.S. Court of Appeals for the Second Circuit recently confirmed that street art is, in fact, protected by copyright law. Castillo v. G&M Realty L.P (Feb. 2020). But you wouldn’t know that from looking at Instagram. In recent years, the social media explosion has transformed “aerosol art” from a nuisance to a promotional tool. What used to be painted over the next morning, can now garner attention for a location and lead to flocks of social media junkies posing for and posting pics, leaving local shop owners hoping the foot traffic will increase sales. Many shop owners have gone so far as to commission works on their facades precisely with this in mind. The easiest way to lure in the Instagram-generation to your store is to have something unique that they can post in the hopes of adding followers. For many of these Kardashian wannabes, the goal is to build their “brand” so they can get sponsorship deals and rake in free goods and cash. A new sub-economy is exploding but, not surprisingly, few stop to consider the legal implications.