Dan DeCarlo Publishes Article in Bloomberg Law on Fair Use and The Super Bowl Shuffle
Los Angeles, Calif. (June 21, 2019) - Los Angeles Partner Daniel C. DeCarlo recently contributed an "Insight" article to Bloomberg Law titled "What is 'Fair Use'? The 1985 Chicago Bears Have the Answer." The article examines a recent federal court ruling in a copyright case involving the 1985 Chicago Bears Super Bowl Shuffle music video.
Mr. DeCarlo, who is co-chair of Lewis Brisbois' Intellectual Property & Technology Practice, uses the decision from Judge Virginia Mary Kendall of the Northern District of Illinois in Red Label Music Publishing v. Chila Productions as a blueprint to analyze the Fair Use Doctrine. First, Mr. DeCarlo reviews the facts of the case and the iconic video at its center. He then lays out the four factors IP attorneys use when analyzing a fair use case, and closes with a discussion of what constitutes a 'transformative' work.
Since 1992, Mr. DeCarlo has focused on complex business litigation involving all manner of IP issues, including trademark and Lanham Act claims, copyright litigation, false advertising, patent litigation and more. He is a frequent contributor to Lewis Brisbois' IP & Technology blog.