Copyright Developments

“Bananas are great, as I believe them to be the only known cure for existential dread.”  -- Anne Lamott

On July 7, 2022 the Southern District of Florida denied a motion to dismiss in Morford v. Cattelan, 2022 WL 2466775 (S.D. Fla. July 7, 2022), which began by posing the following question: “Can a banana taped to a wall be art?” At issue was a claim by artist Joe Morford that his sculptural diptych, “Banana & Orange,” allegedly created in 2000 and shown at left below, was infringed by a work entitled “Comedian” by internationally famous artist Maurizio Cattelan, shown at right below. Both works prominently feature a banana affixed to a wall with silver duct tape, though Plaintiff’s banana is plastic and Defendant’s is overripe:

In Acuti v. Authentic Brands Grp. LLC, 33 F.4th 131 (2d Cir. May 4, 2022), the Second Circuit considered an appeal regarding the rights to the musical composition “Can’t Help Falling in Love,” written in part by Hugo Peretti and made popular by Elvis Presley.  The song was created in 1961, under the 1909 Copyright Act, which provided for an initial copyright term of 28 years with a contingent right to renew the copyright for an additional 28-year renewal term.