Martin Shkreli Was Dropped From the Wu-Tang Clan Illustration Lawsuit

Back in February, a strange lawsuit was brought against both Martin Shkreli andRZA of the Wu-Tang Clan surrounding the much-hyped, one-of-a-kind album Once Upon a Time in Shaolin. A Long Island-based artist named Jason Koza sued both parties after discovering that some of his illustrations were used in the leather booklet that accompanies the album without his permission. Although he had been contacted about possibly contributing artwork to the album, he claimed nothing was ever finalized and that he did not know his work would make the final version.

Now, it looks like Shkreli caught a lucky break. According to a report from Billboard, he has officially been dropped from the lawsuit. Although he was only a secondary figure in the suit—which claimed he was partially responsible since he had purchased the album and shown it off to a Vice reporter in a video interview—it's nonetheless very good news for him. "Mr. Shkreli did not agree to any conditions or pay any form of settlement in exchange for being dismissed from the case," his lawyer said to Billboard. "In our view it is likely that Mr. Koza recognized that he would be unable to maintain an infringement claim against Mr. Shkreli in light of the fair use doctrine."

The invocation of the "Fair Use Doctrine" is probably key to his dismissal. Media companies retain the right to use and publish parts of a work when they are reporting on or critiquing it. As such, Shkreli showing the artwork off to a reporter, even if its use was unauthorized to begin with, probably wouldn't constitute any kind of copyright violation. While he remains one of the most hated people in America, it looks pretty unlikely that he'll be shelling out any cash in this case. RZA and the rest of the Wu-Tang Clan's legal fate remains to be seen.

[via COMPLEX]

RZA & Martin Shkreli Sued For Copyright Infringement Over Artwork In Wu Tang Clan's $2 Million Album

(Reuters) Martin Shkreli faces a new legal headache, a lawsuit claiming that his $2 million Wu-Tang Clan album contains illustrations ripped off from a New York artist, who now wants the former drug executive to pay for them.

In a complaint filed on Tuesday in Manhattan federal court, Jason Koza said he never allowed his fan art depicting Wu-Tang members to be used in packaging for the hip-hop group's "Once Upon a Time in Shaolin," the sole copy of which Shkreli bought.

Koza, 34, of Copiague, New York, said he thought his nine works would appear only on the website WuDisciples.blogspot.com.

But the Fashion Institute of Technology graduate now blames Wu-Tang leader Robert "RZA" Diggs for including them in the "Shaolin" album, and Shkreli for allowing three works depicting Inspectah Deck, Ol' Dirty B@stard and Raekwon to accompany a Jan. 29 article at Vice.com.

"Mr. Koza was happy when his work appeared on the website," the complaint said. "Mr. Koza never granted a license for his works to be copied or displayed anywhere (else)."

Other defendants include Paddle8, which auctioned the album, and Wu Tang-affiliated producer Tarik "Cilvaringz" Azzougarh.

Koza said Cilvaringz has acknowledged the infringement, asking in a Jan. 31 email "if you want to skype discussing the use of your drawings. Thanks bro."

Koza is seeking unspecified damages plus profits stemming from copyright infringement.

His lawyer Peter Scoolidge said in a phone interview that Shkreli "didn't need to know" the illustrations were protected to be liable. "There is no intent requirement for copyright infringement," he said.

The case is Koza v Diggs et al, U.S. District Court, Southern District of New York, No. 16-00956.

(Reporting by Jonathan Stempel in New York; Editing by Marguerita Choy and Alan Crosby) [via ThisIs50.com]