CLE Course Details

Developments in Copyright Law: A Recap of Significant Recent Cases

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Price: $29
  • Description

    As markets become virtual and everything becomes accessible on the cloud, copyright law has had to evolve to adapt to an ever-changing, increasingly volatile market. The most recent cases to come up are an excellent snapshot of these issues.

    This CLE course will review the most significant cases to arise in recent years including:

    • the Second Circuit decision in Viacom v. YouTube
    • the Supreme Court's decision regarding the First Sale Doctrine
    • the latest in art appropriation from the Second Circuit
    • an SDNY decision in the ReDIgi case involving a virtual marketplace for digital music
  • Instructor Bio

    Edward Rosenthal

    Edward H. Rosenthal chairs the firm’s Intellectual Property and Litigation Groups. He focuses on intellectual property litigation, emphasizing trademark, copyright, right of publicity, advertising, privacy and publishing matters. His clients include businesses and individuals in the media, advertising, sports, and entertainment fields.

    Mr. Rosenthal also has substantial involvement in issues relating to trademark prosecution and enforcement, representing numerous businesses and individuals in protecting and enforcing their intellectual property. He also represents the estates of deceased celebrities, including Humphrey Bogart, and handles licensing work for the estate and other celebrities and companies.

    Mr. Rosenthal is currently representing The Authors Guild and a number of other authors' rights associations and individuals in a suit against the HathiTrust arising out of its mass book digitization and orphan works programs. Recently, he defended Fredrik Colting, author of 60 Years Later: Coming Through the Rye, and his U.S. distributor, in a lawsuit brought by J.D. Salinger alleging copyright infringement. Mr. Rosenthal also successfully defended J.K. Rowling and Scholastic Inc., the author and publisher of the Harry Potter books, against claims of copyright and trademark infringement.

    Mr. Rosenthal has written and lectured extensively on a wide variety of intellectual property topics. He is a regular presenter to the Practicing Law Institute on the Right of Publicity, and has participated in numerous panels on trademark and copyright law. He was co-editor of Entertainment Law Matters, a blog focused on disputes and developments in the film, television, publishing, theatre, music, art, gaming, and fashion industries. Mr. Rosenthal has also been active in the Copyright Society of the U.S.A. and the International Trademark Association. He serves as co-chair of the Committee on Publicity, Privacy and Media of the New York State Bar Association’s Entertainment and Sports Law Committee and as a member of the Copyright Committee of the New York City Bar.

    Prior to joining Frankfurt Kurnit Klein & Selz, Mr. Rosenthal served as a law clerk to Hon. Abraham D. Sofaer in the Southern District of New York and was associated with the New York law firm of Kramer Levin Naftalis & Frankel. He was Adjunct Professor at Fordham Law School (Legal Writing, 1985-1986; Intellectual Property Drafting, 1996).

    Nicole Hyland

    Nicole Hyland is a partner in the Litigation Group and Professional Responsibility Group at Frankfurt Kurnit. Her practice focuses primarily on legal ethics, professional responsibility, and legal malpractice.

    Ms. Hyland counsels attorneys and law firms on conflicts of interest, legal fee disputes, escrow issues, disqualification motions, multijurisdictional law practice, business transactions with clients, lateral transitions, law firm formation and break-ups, advertising and social media use, and other professional responsibility issues. Ms. Hyland also represents defendants and plaintiffs in legal malpractice and breach of fiduciary duty disputes.

    In addition to her legal ethics and professional responsibility practice, Ms. Hyland has an active litigation practice, focusing on art, literature, and entertainment industry disputes. She handles copyright, trademark, right of publicity, and defamation claims, as well as disputes over financing, production, distribution, and talent agreements. She counsels art, literature, and entertainment industry clients on content issues, including copyright, trademark, right of publicity, television formatting rights, privacy, defamation, and fair use.

    Ms. Hyland is Chair of the Committee on Professional Ethics of the New York City Bar Association (NYCBA). In that role, she oversees the City Bar’s ethics hotline, which provides ethical guidance to lawyers from all over New York State. She also oversees the drafting of informal and formal ethics opinions on a variety of topics, including: non-refundable flat fee arrangements, the use of Professional Employer Organizations by law firms, the ethics of using a virtual law office, ethical guidelines for accepting credit cards, and business arrangements between law firms and nonlegal organizations.

    Ms. Hyland serves as Co-Chair for the Ethics Committees of the Women’s Bar Association of the State of New York (WBASNY) and the New York Women’s Bar Association (NYWBA) – WBASNY’s New York City chapter. For the past two years she has hosted the NYWBA annual meeting at Frankfurt Kurnit followed by an Ethics CLE program for NYWBA members and attendees.

    Ms. Hyland serves on the Board of the Association of Professional Responsibility Lawyers (APRL) and is a member of the New York State Bar Association Committee for Standards on Attorney Conduct (COSAC). She is also a member of the American Bar Association’s Center for Professional Responsibility.

    Ms. Hyland writes and lectures frequently on legal ethics and professional responsibility issues. She recently joined Professor Roy Simon as a co-author on his seminal treatise: Simon’s New York Rules of Professional Conduct Annotated (2015 ed.). She is on the editorial board of the New York Legal Ethics Reporter and contributes to the Legal Ethics Forum blog.

    Follow Nicole on Twitter @NiHyland, connect with her on LinkedIn, “Like” her Facebook page, or view her documents on JD Supra.

    Amelia Brankov

    Amelia K. Brankov is counsel to the Litigation Group and Art Group at Frankfurt Kurnit Klein & Selz, focusing on commercial dispute resolution, intellectual property law and art law.

    Ms. Brankov represents businesses and executives in the advertising, art, entertainment, fashion and media industries, resolving disputes over copyrights, trademarks, motion picture rights, right of publicity claims and false advertising claims. She also represents high-profile corporate clients in the financial and insurance industries.

    Ms. Brankov has authored articles and lectured on a number of dispute resolution and intellectual property topics, including copyright issues, litigation involving visual art, the drafting of arbitration clauses and the use of expert witnesses at trial. She is an Editor of Entertainment Law Matters, a Frankfurt Kurnit blog about disputes and developments in the film, television, publishing, theatre, music, art, gaming, and fashion industries.

    Ms. Brankov is a member of the Committee on Fine Arts of the New York State Bar Association's Entertainment, Arts and Sports Law Section, MLRC's Litigation Committee, New York City Bar’s Women in the Courts Task Force and the Acquisitions Committee of the Guggenheim Museum’s Young Collectors Council. She also serves as an arbitrator in New York City Civil Court matters and is a mediator.

    Prior to joining Frankfurt Kurnit, Ms. Brankov was an associate with Skadden, Arps, Slate, Meagher & Flom LLP, where she represented clients in commercial litigation and arbitration. She was also active in pro bono matters and served as lead counsel in a trial where her client obtained political asylum from Cameroon.

    Ms. Brankov received her JD with honors from the University of Texas School of Law (2002), where she was a member of the Texas Law Review and Order of the Coif. She also has an LLM degree with first-class distinction from the University of Cambridge, Clare Hall (2006). She holds a BA in Government from the University of Texas (1999, highest honors).

    Ms. Brankov is admitted to practice in New York and Texas state courts and federal courts in the Southern and Eastern Districts of New York and in the Second Circuit Court of Appeals.

    Maura Wogan

    Maura J. Wogan is a partner of Frankfurt Kurnit Klein & Selz with over 30 years of experience in all aspects of sophisticated intellectual property law, including litigation, counseling, and pre-publication review of content in all media.

    Ms. Wogan focuses on litigation of copyright, trademark, right of publicity, defamation and entertainment matters. Her clients include media companies (both traditional and online publishers), filmmakers, television producers, advertising agencies, writers, illustrators, literary agents and book packagers. She also drafts and negotiates agreements for publishing clients.

    Ms. Wogan has litigated many high-profile intellectual property and entertainment cases nationwide. Representative matters include:

    • Current representation of Hasbro, Inc. in copyright, trademark and breach of contract claims related to motion picture rights in the Dungeons & Dragons property;
    • Represented filmmaker Terrence Malick in litigation over documentary film rights;
    • Represented documentary filmmaker Joe Berlinger in the assertion of his journalist’s privilege in response to Chevron Corporation's efforts to obtain more than 600 hours of unused film footage from the documentary film Crude;
    • Defended author and publisher of 60 Years Later: Coming Through the Rye in copyright infringement claim brought by J.D. Salinger;
    • Represented the Margaret Mitchell Estate in precedential copyright case against author and publisher of The Wind Done Gone, a claimed parody of Gone With the Wind;
    • Represented Tribune Company in a lawsuit against actor Warren Beatty over film rights to the Dick Tracy character;
    • Defended Tribune Entertainment Company, defeating an attempt by Twentieth Century Fox Film Corporation to block the broadcast of the Tribune syndicated television series Mutant X;
    • Represented the heirs of Igor Stravinsky in a copyright infringement claim arising from an unauthorized biography of the composer;
    • Represented John Cheever Estate in a copyright infringement and contract case arising from the unauthorized publication of Mr. Cheever’s stories; and
    • Defended Penguin Books in a copyright infringement case involving Stephen King’s bestseller Desperation.

    Jeremy Goldman

    Jeremy S. Goldman is a partner in the Litigation Group and Technology, Digital Media & Privacy Group, focusing on entertainment, intellectual property, commercial and privacy law.

    Mr. Goldman represents many companies and individuals in the media, entertainment, advertising and technology spaces in complex litigations involving copyright in the digital age, film and television contracts, trademarks and rights of publicity. He has litigated some of the most closely watched copyright and entertainment cases, including representing The Authors Guild in the Google Books and HathiTrust cases, and Hasbro in a 2014 trial in Los Angeles over the motion picture rights to Dungeons & Dragons. Mr. Goldman's litigation experience also extends to a wide range of commercial disputes in other areas. His representative matters include an Egyptian banking fraud case in New York federal court, an ICC arbitration in Geneva over the international sale of a roofing assembly line, a New York state court art fraud action, a mortgage-based insurance fraud, and a worldwide antitrust price-fixing investigation.

    In addition to his litigation practice, Mr. Goldman leverages his lifelong passion for computers and the Internet, including pre-law experience at a tech startup, to advise clients and attorneys on information privacy, data security, electronic discovery and a host of other technology-related issues. Mr. Goldman draws upon his technical understanding of hardware, software and networking systems to help businesses safeguard their sensitive data and respond to data breaches in compliance with U.S. and foreign laws. He also counsels brands, advertisers, publishers and technology companies on online privacy and data security issues, from thinking through complex privacy issues at the product design phase to representing companies facing regulatory and other legal action. Mr. Goldman has written and presented extensively on these topics.

    Mr. Goldman is accredited by the International Association of Privacy Professionals as a Certified Information Privacy Professional with a focus in U.S. private-sector privacy law. He is a member of the Copyright and Literary Committee of the New York City Bar Association. Mr. Goldman is admitted to practice in New York state, federal and appellate courts. His published work appears in The Lexis Practice Advisor and Bloomberg's Federal Practice Law Reports, and he has been quoted in Deadline Hollywood, Hollywood Reporter, Courthouse News, and other media.