Jonathan Goins Pens Article for Thomson Reuters on Lewis Brisbois' Precedent-Setting IP Win
Atlanta, Ga. (January 15, 2021) - Atlanta Partner and Vice-Chair of Lewis Brisbois’ Intellectual Property & Technology Practice Jonathan D. Goins recently published an article for Thomson Reuters’ Practical Law titled, “Expert Q&A on the Copyright Preemption and Right of Publicity Claims Conflict in Entertainment.” Written in a question and answer format, the article addresses a series of issues surrounding the Second Circuit victory that Lewis Brisbois secured in a precedent-setting right of publicity matter on behalf of William Roberts, publicly known as “Rick Ross,” against Curtis Jackson, publicly known as “50 Cent.”
Mr. Goins, who led the legal team representing Mr. Roberts, begins the piece by describing the underlying dispute in the five-year litigation battle that arose after Mr. Roberts recorded a remix version of Mr. Jackson’s most popular song, “In Da Club.” He then explains the Second Circuit’s analysis and decision to adopt the copyright preemption doctrine to bar Mr. Jackson’s state right of publicity claim.
After reviewing how courts in various jurisdictions historically have treated the tension between copyright preemption andright of publicity claims, Mr. Goins addresses the implications of the Second Circuit’s ruling, including whethercontractual assignmentsmay preclude right of publicity claims, how the decision impacts music licensingin any usage, and howthose seeking to reproduce copyrighted workscan minimize their risks associated with right of publicity claims.
Mr. Goins also recently published a Bloomberg Law Insight article on the Second Circuit case and has also been interviewed by Billboard regarding the matter. With over 17 years of experience, Mr. Goins serves as lead counsel in litigating federal cases nationwide for a wide range of clients, from Fortune 500 companies to profitable start-ups, on matters involving trademarks, copyrights, trade secrets, right of publicity, breach of contractual technology disputes, and related business torts.
You can read the full Practical Law article here.