Quoted

June 6th, 2022

Drag Queens Traverse Trademark Law: ‘I Don’t Think We’re Safe’

Advertising and Intellectual Property Partner Brian G. Murphy is quoted in the article, “Drag Queens Traverse Trademark Law: ‘I Don’t Think We’re Safe’” published by Bloomberg Law. The article discusses that while drag has gone mainstream, intellectual property laws have not kept up with the shifting landscape leaving some performers in copyright disputes over performances and stage names. For example, with their growing popularity drag queens must take music copyrights into consideration. Brian is quoted saying, “Anytime you play a song—and to anyone other than, like, your friends in your own living room—that requires a license.” He explains, “When performing in a club, most drag queens are covered by the establishment’s music licenses. If they incorporate the music into an act in a different setting, however, they might need additional rights.”

Lastly, Brian says there are many rights holders to specific songs which make obtaining music licenses more complex. “When it comes to music, you know, there’s multiple rights holders,” and “There’s the songwriters, and these days just about any song is written by not one person but multiple people. And each of those is a different rights holder.”

Read the full article here.