Copyright law took center stage last week as not one but two famous singers took vendors and fans to court over their intellectual property. The number one article of the week is from Anneliese Mahoney who brought us the case of Katy Perry versus the vendor who produced 3-D figures of the infamous “Left Shark” from Perry’s Superbowl halftime performance; the second most popular post was from writer Morgan McMurray who threw the flag on “50 Shades of Grey” and its abusive storyline; and the number three article, from writer Alexis Evans, details Taylor Swift’s legal action against Etsy vendors making a buck off her song lyrics. ICYMI, here is the best of the week from Law Street.

#1 Katy Perry Claims Left Shark is Her Intellectual Property and Files Suit

Katy Perry’s halftime performance at last week’s Super Bowl was really great, but it wasn’t without its moments of humor. Unfortunately, one of those moments of humor has now sparked the pop star’s legal team to file a lawsuit. Read full article here.

#2 Fifty Shades of Grey and Abuse

You may have heard of a small erotic “novel” (I use the term loosely), which once started off as Twilight fan fiction and has become a worldwide, bestselling trilogy soon to be a major motion picture. I am of course referring to the phenomenon known as Fifty Shades of Grey by E.L. James, which follows the story of timid Anastasia Steele and her BDSM-loving boyfriend Christian Grey. Read full article here.

#3 Taylor Swift vs. Etsy Vendors: Singer Trademarks Song Phrases

America’s red-lipped singing sweetheart Taylor Swift is at the center of another intellectual property dispute, this time with vendors on Etsy. The dispute is over several items, including t-shirts using her likeness and candles adorned with her lyrics. Swift’s legal team sent several vendors on the online DIY marketplace cease and desist letters demanding the immediate removal of their trademark-infringing products. Read full article here.

Chelsey D. Goff

Chelsey D. Goff was formerly Chief People Officer at Law Street. She is a Granite State Native who holds a Master of Public Policy in Urban Policy from the George Washington University. She’s passionate about social justice issues, politics — especially those in First in the Nation New Hampshire — and all things Bravo. Contact Chelsey at staff@LawStreetMedia.com.

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Katy Perry’s halftime performance at last week’s Super Bowl was really great, but it wasn’t without its moments of humor. Unfortunately, one of those moments of humor has now sparked the pop star’s legal team to file a lawsuit.

One of those great moments that came out of the performance was during Perry’s rendition of her hit song “Teenage Dream.” She did it as a beach-themed segment of the show, and no beach-themed dance would be complete without giant humanoid sharks doing complicated choreography. Unfortunately, one of Perry’s two sharks, now dubbed “Left Shark,” didn’t really do so well. Instead of following the sharp choreography, “Left Shark” kind of just flopped around. See for yourself:

Oh Left Shark. We’ve all known the struggle.

Left Shark has sparked a bunch of spin offs though:

This meme is soooooo much fun…. Valentine’s Day anyone? #sharks#leftsharkpic.twitter.com/StDC2xEDc1

— John (@Hayler97) February 4, 2015

Everyone really does love Left Shark. So much so that people have started producing Left Shark items. One company that tried to monetize Left Shark was called Shapeways; it’s a 3D printing company that sells 3D-printed figurines of famous people, such as politicians or celebrities. It started selling a Left Shark figurine; however, it just received a cease and desist letter from Perry’s lawyer.

Fernando Sosa who runs Shapeways, posted a picture of the cease and desist letter on Instragram. It claimed that Left Shark was Perry’s “intellectual property.” Part of the letter read:

As you are undoubtedly aware, our client never consented to your use of its copyrighted work and [intellectual property], nor did our client consent to the sale of the infringed product. Your infringing conduct entitles our client to significant legal relief against you, which may include actual damages, statutory damages, and punitive damages, as well as immediate and permanent injunctive relief.

What exactly does Katy Perry claim is her intellectual property though? The shark costume itself? It looks like a pretty basic shark costume if you ask me, and courts have often ruled that you can’t trademark costumes. Because they’re clothing, and viewed as an “essential article,” they’re often considered beyond what copyright protection can protect.

So, is she trademarking the concept of “Left Shark” then? That also seems like a stretch. The whole Left Shark debacle occurred because the dancer screwed up and/or forgot the choreography. It wasn’t planned, it was a happy, hilarious accident. Can she really claim that something is her intellectual property if it wasn’t something she came up with?

The cease and desist letter seems more like it was an attempt to scare Sosa and Shapeways, rather than a legitimate threat of legal recourse. Sosa has stopped selling the figurines, but it still seems like a petty move on Perry’s part. After all, all the buzz about Left Shark means people are talking about her halftime show. There’s also been plenty of other Left Shark merchandise produced:

Just bought my very own #LeftShark tshirt!! pic.twitter.com/3qD54F2Syb

— Methibosheth Ichabod (@methibosheth) February 5, 2015

Will Katy Perry send letters to everyone who creates something that’s Left Shark-themed? With the proliferation of pictures on the internet, that may be difficult. It will be a shame if Left Shark disappears just because Katy Perry is grumpy.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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