To finish off the year, for our last CLE meeting we will discuss some pop culture related cases:

Krisko v. Marvel (S.D.N.Y 2020) (Case Here) A Hungarian artist sued Marvel alleging copyright infringement. Specifically, Krisko alleged that Marvel infringed Krisko’s musical work when Marvel made the X-Men cartoon in the 90s. A motion for summary judgment was granted in part and denied in part. Did the court get it right? Listen to the two works below:

X-Men Theme: https://www.youtube.com/watch?v=Cm65-ozqk1k

Krisko work: https://www.youtube.com/watch?v=myjcUldWHNQ

Schwartzwald v. Oath (S.D.N.Y 2020) (Case Here) A famous actor and celebrity was captured in a photograph with an unflattering look while shopping in New York. The photo made its way around the internet while journalists and internet users made memes and jokes regarding the picture. The author of the photograph sued a media outlet for distributing the photo, the media outlet argued use of the photo was fair use.