In earlier reports, DMN detailed an ongoing copyright infringement lawsuit filed by a New York artist named Koza against Martin Shkreli over the sale of the Wu-Tang Clan album.

In short, Koza agreed to his Wu-Tang artwork being used on a website, but did not grant further use of his work. Regardless, Koza’s drawings were used in a 174-page book which was sold alongside the album to Shkreli for a reported $2 million. Last month, Koza filed a lawsuit in Manhattan Federal Court.

And now Shkreli’s attorney John Wait is fighting this legal action. Wait speaks out in an email to Billboard.

”As you may have seen, plaintiff fundamentally changed his claim against Mr. Shkreli when he filed his amended complaint. Specifically in the original complaint plaintiff alleged: ‘Mr. Shkreli has infringed Mr. Koza’s exclusive right of public display by permitting at least three of the nine Wu-Tang Clan Portraits to be displayed to the public in a news article without Mr. Koza’s permission or license.”

This is referring to Shkreli who played the album for a Vice reporter named Allie Conte back in January.

Wait claims that this conduct is covered under ‘fair use’. Though Koza disagrees, he believes that regardless of the fact that his work hasn’t been displayed publicly, it is still copyright infringement and all parties involved should be subject to legal proceedings.

Wait filed a motion to the court to remove Shkreli’s name from the lawsuit and a response from Koza’s team is due April 15th.

The case continues.

(Image by Beth Cortez-Neavel, Creative Commons, Public Domain)

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