University of Houston Students and Alumni Win Copyright Case Against Warner Bros. for Local Artist
University of Houston Law Center Students Help Artist Win Copyright Case
University of Houston MFA student and artist, Sarah Welch, encountered a significant hurdle when she discovered her mural, "Commute," featured in an episode of the reality show "Bad Hair Day" without her consent. This startling realization ignited a remarkable journey into the complexities of copyright law, transforming both Welch and a motivated team of law students into advocates for artists' rights.
After noticing the unauthorized use of her work, Welch sought assistance from Texas Accountants and Lawyers for the Arts, leading her to Justen Barks, the director of the UH Law Center's Entertainment Law Clinic. Barks assembled a dedicated team of law students, including Madison Moehlig, Jordan Marget, Bailey Pruitt, Matthew Frost, Benigno Solis, and fellow classmates Rachel Regner and Sarah Wickell. Their collaboration proved crucial in navigating the convoluted legal system.
Initially, Welch aimed to recover just a small licensing fee owed to her. However, the involved production companies were uncooperative, prompting her to explore legal channels. With guidance from Barks and her team, they filed a case before the Copyright Claims Board (CCB), a relatively new entity designed to resolve copyright disputes more efficiently. "The students I worked with were exceptionally strong-willed and dedicated. They made this process so much more manageable and kept me informed throughout the journey," shared Welch, expressing her gratitude.
For the law students and alumni, this case offered invaluable real-world experience. For instance, Marget, now an attorney at Olson Olson LLP, explained how drafting the plaintiff's petition ignited his interest in litigation. "Navigating the expectations of both federal law and the CCB's unique guidelines sharpened my attention to detail," he stated.
Pruitt, who made her legal filing debut through this case, remarked, "It opened an entirely new area of law to me. Regardless of the outcome, we were proud to support a local artist, and achieving a favorable resolution was the cherry on top."
Regner and Wickell played pivotal roles in negotiating the settlement and representing Welch throughout the CCB proceedings. Wickell highlighted her involvement in a settlement conference with a major media company as a defining experience that honed her skills in negotiating with large entities. "This taught me about preparation, adaptability, and clear communication."
Beyond seeking restitution, Welch gained insights that she actively shares with fellow artists. She emphasized a crucial lesson many may overlook: artists are entitled to compensation when their work is reproduced for extensive audiences. "I've been spreading the word among my peers about the significance of protecting our art. This case has motivated me to ensure other artists are prepared for similar situations," stated Welch.
For more information about the University of Houston Law Center's Entertainment Law Clinic, interested parties can reach out to Carrie Anna Criado or Rashda Khan via their provided contact details.
The University of Houston Law Center stands out as a dynamic institution offering exemplary programs in health law, intellectual property law, and more, consistently ranking among the top law schools in the nation. Its mission to fuel educational excellence and national recognition solidifies its status as a beacon for aspiring legal professionals in the heart of Houston, a city celebrated for its diversity and vibrant culture.