The Nat'l Academy of Television Arts and Sci. Inc. v. Multimedia Sys. Design Inc.

Infringement of Emmy Award Statuette Design Is Not Fair Use, Transformative, or Parody

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

ADDITIONAL CASES Multimedia System Design, Inc. d/b/a “Crowdsource the Truth”, and Jason Goodman, Counterclaim Plaintiffs v. The National Academy of Television Arts and Sciences, Inc. and Academy of Television Arts & Sciences, Counterclaim Defendants OPINION AND ORDER Multimedia System Design, Inc. d/b/a “Crowdsource the Truth” (“MSDI”) produces video content that, inter alia, traffics in wild conspiracy theories. In June 2020, MSDI used an image of the Emmy Award Statuette holding a model of the COVID-19 virus as part of a video honoring countries that downplayed the seriousness of the COVID-19 pandemic. Plaintiffs, The National Academy of Television Arts and Sciences, Inc. (“NATAS”) and Academy of Television Arts & Sciences (“ATAS”) (collectively, the “Television Academies”), owners of the Emmy Statuette design, took exception and sued. Am. Compl., Dkt. 62 (“Am. Compl.”). MSDI and its owner, Counterclaimant Jason Goodman (“Mr. Goodman”) (collectively, “Counterclaimants”), apparently believing the best defense is a poorly thought out offense, asserted counterclaims for declaratory relief, violation of New York’s anti-SLAPP law, and abuse of the Digital Millennium Copyright Act (“DMCA”). Am. Answer, Dkt. 45. (“Am. Answer”). The parties have filed cross-motions to dismiss. Dkts. 24, 38. For the following reasons, Defendant’s partial motion to dismiss the Amended Complaint is DENIED.¹ Plaintiffs’ motion to dismiss the counterclaims is GRANTED. BACKGROUND² Since 1949, the Television Academies have presented the Emmy Award to members of television casts, crews, and executives at annual award shows in recognition of excellence and achievement in television programming. Am. Compl.

2, 10. The Emmy Award is a gold statuette molded in the shape of a winged figure holding an atom (the “Emmy Statuette”). Id. 11. The Television Academies co-own valid and subsisting trademarks and registered copyrights for the Emmy Statuette. Id.

The Nat'l Academy of Television Arts and Sci. Inc. v. Multimedia Sys. Design Inc.

Infringement of Emmy Award Statuette Design Is Not Fair Use, Transformative, or Parody

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal