CLE Course Details

From NFTs to Andy Warhol to New Legislation: Current Developments in Copyright Law

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Price: $55
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  • Description

    Presented by seasoned intellectual property attorneys, this CLE course will address NFT’s as they relate to copyright law. This CLE course will explain what NFT’s do with reference to the Warhol case in the Supreme Court and how it impacts fair use.

    The course will also address the potential circuit split in embedding cases, copyright termination, and what are the likely outcomes in various case law and upcoming legislation.

  • Instructor Bio

    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.

    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).

    Caren Decter

    Caren Decter is a partner in the Litigation Group, focusing on commercial and intellectual property litigation, and white collar defense. Listed in Super Lawyers as a “Rising Star,” Ms. Decter represents clients in all phases of the pre-litigation and litigation process in criminal and civil matters pending in state and federal courts around the country.

    Clients benefit from her skill in managing complex litigation aggressively and efficiently, as well as her responsiveness and ability to forge creative solutions to complicated problems before they grow into drawn-out litigation.

    In her sophisticated white collar defense practice, Ms. Decter represents individuals and corporations in regulatory and criminal investigations involving allegations of accounting fraud, securities fraud, insider trading, antitrust violations, and violations of the Foreign Corrupt Practices Act. She frequently handles matters involving the U.S. Securities and Exchange Commission, the Department of Justice, various U.S. Attorney Offices and various District Attorney Offices. She also frequently assists clients in their responses to time-sensitive data security incidents and breaches.

    In addition, Ms. Decter has a wide-ranging commercial litigation and counseling practice. She advises clients in the finance, legal, consumer goods, advertising, art, and media and entertainment industries — on contract, copyright, trademark, fraud and other matters. Her recent work includes representation of an Academy Award-nominated director in litigation over documentary film rights; dismissal on summary judgment of a $30 million art fraud complaint; representation of a shareholder in a business dissolution; and dismissal of a contempt motion against an Internet Protocol Television (IPTV) provider. Ms. Decter also represents well-known consumer brands and advertising agencies in false advertising matters. She recently helped a leading household goods e-tailer bring three cases against allegedly independent online review sites for their failure to disclose material relationships with our client’s competitors. And she successfully represented a top credit card company in a false advertising dispute before the National Advertising Division of the Better Business Bureau.

    Ms. Decter also has significant experience in defending and resolving website accessibility lawsuits, as well as providing preventive advice and counsel to businesses to reduce or eliminate legal risk involving their websites.

    Ms. Decter takes on significant pro bono matters. The Anti-Defamation League awarded Ms. Decter and several of her colleagues the Edward Brodsky Founders Award in recognition of their work on an amicus brief arguing against President Trump’s travel ban. She also represents a Nepali woman seeking asylum.

    Ms. Decter is the co-chair of the New York County Lawyers Association’s Federal Courts Committee and a member of the New York City Bar Association’s Copyright & Literary Property Committee. She is admitted to practice in New York state courts and federal courts in the Southern and Eastern Districts of New York, as well as the Second Circuit and the United States Supreme Court.

    Prior to joining Frankfurt Kurnit, Ms. Decter was an attorney with Willkie Farr & Gallagher LLP, where she represented clients in complex commercial litigations. She also spent a year clerking for the Honorable Colleen McMahon, Chief Judge of the United States District Court for the Southern District of New York.

    Craig Whitney

    Craig B. Whitney is a partner in the Litigation group, with a focus on copyright, trademark and trade secret disputes.

    Mr. Whitney handles copyright, trademark, trade secret, right of publicity, false advertising and patent disputes, protecting valuable intellectual property rights from would-be infringers and defending clients against wrongful accusations of infringement. He also advises clients on brand management and licensing. He oversees internal and administrative intellectual property investigations and class action litigation defense. Mr Whitney prosecutes domestic and foreign trademark applications as well. He actively assists clients in navigating the rapidly evolving landscape of intellectual property law.

    Mr. Whitney’s representative work includes a landmark victory clarifying copyright fair use and parody on behalf of several well-known musicians; a defense win dismissing copyright infringement claims brought by a putative class of attorneys against the leading legal research websites; a favorable outcome for a high-end beauty products company in a trademark and trade dress action against a manufacturer of knock-off products; a district and appellate court decision dismissing all claims by a proposed class against an international bank for alleged violations of, among other things, the Federal False Marking Act, RICO and the CAN-SPAM Act; and counseling prominent art museums and galleries on domestic and international copyright issues.

    Mr. Whitney is a graduate of Cornell University (BS) and Harvard Law School (JD, cum laude). Following law school, he clerked for the Honorable Stephen V. Wilson in the United States District Court of the Central District of California. He is admitted to practice in New York and California.

    Ashley Alger

    Ashley K. Alger is a member of the firm’s Litigation Group.

    Ashley is an experienced litigator who has worked on many trial teams and represents clients across a wide range of industries.

    Prior to joining Frankfurt Kurnit, Ashley was an attorney in The Bronx Defenders’ Criminal Defense Practice. Ashley has litigated hundreds of cases from arraignment to resolution, including achieving acquittals in jury trials. She has also conducted successful pretrial suppression hearings challenging searches and other types of evidence.

    Before law school, Ashley taught primary special education in Milwaukee and freshman algebra in Chicago. She also worked for the International Innovation Corps as the Assistant Director of Operations during the organization’s founding year.

    Ashley is admitted to practice in New York.

    Nicole Bergstrom

    Nicole Bergstrom is counsel to the Litigation Group.

    Nicole focuses her practice on content and speech in a variety of forms. She is an experienced litigator with significant expertise in copyright, defamation, right of publicity, false advertising, and related areas of the law. Her clients include publishers, creative agencies, brands, media companies, filmmakers, and video game developers, among others.

    Ms. Bergstrom’s recent representative litigation matters include:

    • Representing a theatre company in a jury trial over claims brought by a former musician;
    • Defending a well-known publishing company in copyright infringement actions, including multiple appeals to the Second Circuit;
    • Defending an advertising agency against defamation and related claims brought by former employees; and
    • Litigating false advertising claims on behalf of a manufacturing client.

    She began her legal career as a summer associate at the firm, and is admitted to practice in the New York state courts, as well as the District Courts for the Southern and Eastern Districts of New York and the Courts of Appeals for the Second and Ninth Circuits


    Khasim Lockhart

    Khasim Lockhart is an associate in the Litigation Group.

    Mr. Lockhart represents clients in a variety of areas. His practice focuses on entertainment, intellectual property, employment, legal ethics, and professional responsibility. He has substantial commercial litigation experience and has worked on issues involving securities, real estate, insurance, and general commercial contract disputes.

    Mr. Lockhart received his J.D. from Fordham University School of Law with a concentration in Intellectual Property. He is an adjunct professor at Fordham University School of Law, teaching Peer Mentoring and Leadership. He is also an active musician who currently has music on all major streaming platforms.

    Prior to joining Frankfurt Kurnit, Mr. Lockhart was a litigation associate at Olshan Frome Wolosky LLP. He is admitted to practice in the State of New York and the Southern District of New York.

    Glenda Dieuveill

    Glenda Dieuveille is an associate in the Litigation Group, focusing on commercial and intellectual property disputes.

    Ms. Dieuveille represents clients across a wide range of industries, including media, entertainment, telecommunications, and publishing. She has a broad range of commercial litigation experience, and regularly advises clients on copyright, trademark, false advertising, and trade secret issues. Further, Ms. Dieuveille has an active pro bono practice, and has represented clients in civil rights and immigration matters.

    Ms. Dieuveille also writes on intellectual property topics and updates on Frankfurt Kurnit’s IP and Media Law blog. She currently serves on the Duke Law Alumni Association Board of Directors.

    Prior to joining Frankfurt Kurnit, Ms. Dieuveille was a litigation associate at White & Case LLP. She is admitted to practice in New York and the United States District Court for the Southern District of New York.