Recently, several well-known entertainers, including Ariana Grande and Louis C.K., have attempted to restrict concert photography rights and the dissemination of jokes in ways which some intellectual property experts believe violate copyright laws.
Earlier this year, Grande received criticism for requiring press photographers to sign over the copyrights to any photos they took at her concerts. Comedian Louis C.K. was similarly censured after threatening to sue audience members if jokes told at his live shows were reproduced "in any form."
While efforts like these are part of a wider trend of performers seeking increased control over how their stage performances are accessed by viewers who haven't purchased tickets, they raise legal questions where lines have been blurring between editorial use, governed by copyright law, and commercial use, governed by right of publicity.
Speaking to Bloomberg Law, James Sammataro, co-head of Pryor Cashman's Media + Entertainment Group, said of Grande's efforts to control concert photographs, "this sneaks up to the line if not crosses it, and I think it does cross it."
Sammataro also explained that fair use exceptions to copyright protection would generally thwart any attempt by Louis C.K. to block the sharing of his jokes as part of news or commentary, adding C.K.'s sweeping prohibition on any reproduction of his jokes ostensibly includes repeating them to comment or criticize, which "cuts against the very grain of copyright law."
Overall, he told Bloomberg Law the steps taken by Grande and C.K. seem extreme: "My first reaction was 'Wow.' People are saying it's a troubling overreach. I agree. I'm not seeing the upside."
Read the full Bloomberg Law article here.
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