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10 February 2015Copyright

Katy Perry does not own ‘Left shark’ copyright, claims lawyer

A lawyer has hit back at claims by Katy Perry’s legal representatives that she owns the copyright to the ‘Left shark’ costume, made famous at this year’s Super Bowl.

Christopher Sprigman, who represents artist Fernando Sosa, has responded to a cease-and-desist letter Perry’s lawyers sent to online marketplace Shapeways last Tuesday (February 3). They demanded that Sosa’s 3D models depicting the ‘Left shark’ character that were sold on the site be removed.

Although Shapeways complied with the order, Sprigman, who is a professor of law at New York University, said the shark costume is not subject to copyright protection and questioned whether Perry has ownership of her performance anyway.

In Sprigman’s letter, published yesterday (February 9) on Sosa’s official website, politicalsculptor.com, he stated that “costumes are not copyrightable” before adding: “What is the basis for your claim that Katy Perry, and not some other person, owns the copyright?”

It is not clear why Sprigman is supporting Sosa.

The ‘Left shark’, a backing dancer in a shark costume, became famous for its poor dancing during Perry’s half-time performance at the Super Bowl earlier this month.

Sprigman also cited an interview that Perry previously did with fashion magazine Elle in which she said she had “to relinquish control” of her performance at the Super Bowl to the National Football League.

Sosa has vowed to continue the fight.

Writing on his website, he said: “Usually when it comes to small business owners, when the lawyers come after you the outcome is usually pretty predictable. Lawyers send you a threatening letter and in fear of legal action you do whatever the lawyer tells you do.

“I decided to finally take a stand and break the usual cycle of rolling over or giving into legal threats,” he added.

Sosa has previously sculpted models of world leaders such as Russian President Vladimir Putin and US President Barack Obama. The ‘Left shark’ models were available for sale on Shapeways at $24.99.

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Copyright
6 February 2015   Lawyers representing singer Katy Perry have sent a cease-and-desist letter to a 3D printing start-up, claiming that a model of a shark sold on its website infringes her copyright.