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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.
Other Quoted
Televerse Day 2 Highlights: Shrinking, Henry Winkler and More
The Television Academy in its Televerse News quoted Daniel M. Goldberg, who spoke about AI at the academy’s three-day festival. Televerse featured television industry professionals both in front of and behind the camera, expert panelists, FYC (For Your Consideration) discussions, and screenings of shows nominated for this year’s Emmy Awards. Mr. Goldberg spoke on a panel covering “how federal and state lawmakers, courts, content creators and other stakeholders are responding to the evolving technology's impact on copyright, licensing and rights protection.” When asked for future predictions for six months from now, Mr. Goldberg responded, "'It's so hard to predict even two weeks from now. But I think you're going to see the states continue to pick up [on regulating AI] where the federal government is not.’” View Article
August 18 2025
Attorney Cautions That Privacy Laws Cover All Platforms, Not Just Sites
Privacy Daily quotes Daniel M. Goldberg in an article on growing trends in privacy laws and enforcement. The publication covered a webinar presented by Mr. Goldberg and Privado CEO Vaibhav Antil. Mr. Goldberg stated, '“although several enforcement actions have targeted websites, mobile apps are also subject to all privacy laws'” He noted how it’s no longer enough for companies to rely on privacy vendors for compliance but must practice due diligence. Mr. Goldberg reviewed California enforcement actions against Honda, Todd Snyder, and Healthline.
“With all three of these examples, ‘these are not companies that did nothing,” he said. ‘These are companies that had measures in place, that had actually used a vendor to implement them, but the way that it was configured was not tracking the law perfectly.’” He also pointed out how enforcements and fines are rising. View Article. (Registration required.)
July 31 2025
Data Privacy Roundup
The AdExchanger newsletter quotes Daniel M. Goldberg, highlighting key privacy enforcement trends. He provided an example of how opting in cookie tracking by clicking a bold “Allow All” button contrasted with declining tracing, which required a more involved two-step process. Mr. Goldberg pointed out that regulators saw this process as a “potential dark pattern.” “‘Symmetry of choice is the idea that it should be just as easy to accept as it is to reject,’” Goldberg said. ‘It’s an area regulators are looking very, very closely at.’” He also noted dark pattern fines, especially with the CPPA could become substantially larger. He underscored due diligence in programs, referencing recent privacy enforcement setttlements and fines. “‘All these cases involve vendor solutions that did not work,’ Goldberg said. ‘In almost all of them, the company did have privacy compliance in place; it just wasn’t working.’” View Article
July 25 2025
