Who owns the rights to the infamous "Left Shark" performing during Katy Perry's halftime show? Apparently, it might not be Katy Perry.
A shark-costumed backup dancer's awkward, fin-flailing attempts to follow a dance routine during Katy Perry's Super Bowl performance charmed the world last week, and people started making models, toys and even t-shirts depicting the character, dubbed "Left Shark."
The "Firework" singer's attorneys have attempted to assert Perry's claim of copyright ownership of the left shark in a cease-and-desist letter addressed to an Esty vendor selling 3D-printed models of the mascot.
In a copy of Perry's legal demand, obtained by the Guardian, LA attorneys Greenberg Traurig wrote,"As you are undoubtedly aware, our client never consented to your use of its copyrighted [intellectual property], nor did our client consent to the sale of the infringing product,"
This letter was addressed to Fernando Sosa, operator of the PoliticalSculptor website and Shapeway business, which provides 3D-printed models of various characters.
"If anything I expected more controversy regarding my previous works, which included homophobic world leaders and local politicians," Sosa said in a blog post,"I certainly didn't expect this reaction from a comical dancing shark."
After receiving the letter, Sosa stopped selling the 3D models, but shared the 3D printing files online. This allows anyone with a 3D printer to make their own "Left Shark" models.
That did not spell the end of the legal battle, however. In a heated letter that was seemingly written in part for a wider internet audience, Sosa's attorney and New York University Law professor Douglas Perry questioned Katy Perry's ownership of Left Shark's rights.
"First, can you tell me why you believe the costume of a shark that you claim Katy Perry owns is copyrightable?" Perry fired, "As you likely know, federal courts and the United States Copyright Office have made clear that costumes are generally not copyrightable.
"Second, what is the basis for your claim that Katy Perry, and not some other person, owns the copyright? Did Katy Perry design the Left Shark costume? If so, when? If not, who did? Did that person transfer any copyright interest he or she might have (in reality, very likely none) to Katy Perry? If so, when?"
A copy of the letter obtained by Mashable also cited Perry's statement in an interview that she was "no longer the boss" of the halftime show.