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Program Description

Current Developments in Copyright Law 2009




Approved for CLE credit in: AK,AZ,CA,ME,MO,ND,NJ,NY,WV

This program, intended for practitioners who have a working knowledge of the law of copyright, will focus on a cross-section of recent developments.  A panel of experts will discuss fair use - injunctions and eBay, potential liability arising from user-generated content, statutory termination after Superman and Steinbeck, and other current issues.  The program will provide a case law update on the covered topics as well as information that transactional and in-house attorneys can use in their day-to-day advisory roles.

This program was recorded on March 12th, 2009.

Provided By: New York City Bar

  • Introduction
  • Fair Use: eBay and Injunctions
  • Termination after Superman and Steinbeck
  • Open Content and the Law of the Commons
  • The Wonderful World of User-Generated Content

    This program was recorded on March 12th, 2009.

  • CLE Credit Information

    Click on the state abbreviation to find the CLE Credit Information for your state.

    This program is has been approved for credit in AK,AZ,CA,ME,MO,ND,NJ,NY,WV

    Experienced attorneys only (non-transitional)

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    Panelist Biographies


    Frankfurt Kurnit Klein & Selz, P.C.

    Brian G. Murphy counsels advertising agencies, advertisers, and entertainment companies as they develop and produce advertising and entertainment properties across all media at Frankfurt Kurnit Klein & Selz, P.C. His practice focuses on copyright, trademark, right of publicity/right of privacy, false advertising, unfair competition, and defamation. Mr. Murphy negotiates and structures celebrity talent agreements, product placement contracts, sponsorship arrangements, content licenses, and agency-client contracts. He assists clients in the development and execution of complex promotions and programs, including those involving user-generated content, social networking, and interactive, mobile, and other emerging content platforms. In addition, Mr. Murphy regularly advises clients on the development and production of branded entertainment projects such as television shows, films, live events, electronic games, webisodes, mobisodes, and Web sites. Mr. Murphy is a frequent and popular speaker on advertising, entertainment, and intellectual property issues. Mr. Murphy is an Adjunct Professor of Law at New York Law School where he teaches courses on entertainment and copyright law. Mr. Murphy previously taught at Fordham University Law School and has lectured at the Parsons School of Design. He is a member of the Copyright Society of the U.S.A.; the Entertainment, Arts & Sports Law Section of the New York State Bar Association; the Promotion Marketing Association; and the American Bar Association Intellectual Property Section¿s Special Committee on Promotions and Marketing Law. Mr. Murphy has been named a New York-area "Super Lawyer" for Intellectual Property, and First Amendment, Media and Advertising law by Law and Politics magazine, and he has received praise in the prestigious Chambers USA Guide to America¿s Leading Lawyers for Business 2008. Mr. Murphy is a graduate of the University of Pennsylvania (BA, magna cum laude, 1989; Phi Beta Kappa) and New York University School of Law (JD, cum laude, 1992), where he was an editor of the New York University Law Review. Following law school, Mr. Murphy clerked for the Hon. Leonard B. Sand, United States District Judge in the Southern District of New York.

    Virginia Rutledge

    Art Historian and Attorney
    PIPE Arts Group

    Virginia Rutledge is a New York-based attorney with experience across many sectors of the media and content industries, in both commercial and nonprofit contexts. She began her legal career as a litigator at Cravath, Swaine & Moore LLP, representing major clients including Time Warner Inc. and the Martha Graham Center of Contemporary Dance. From Cravath she joined the nonprofit Creative Commons as Vice President and General Counsel, serving as lead legal advisor and working on strategic development. Currently, she is in private practice, advising artists, authors, cultural organizations, collectors, and dealers on intellectual property, transactions, and new enterprises. Virginia is also an art historian and was formerly an exhibition associate at the Los Angeles County Museum of Art. She speaks frequently on art and law, and has written for Art in America, Bookforum and Artforum. She is a member of the New York State Bar, and chairs the Art Law Committee of the New York City Bar Association.


    Fross Zelnick

    David Donahue is a Partner in the firm's litigation department. He specializes in counseling and advising clients on intellectual property matters across a wide spectrum of industries, including consumer products, entertainment, advertising, publishing, fashion, e-commerce, and many others. Mr. Donahue litigates copyright, trademark, unfair competition, idea submission, and related commercial matters in federal and state trial and appellate courts, as well as inter partes proceedings before the Trademark Trial and Appeal Board of United States Patent and Trademark Office. He also negotiates and drafts commercial agreements relating to intellectual property matters, including intellectual property licenses, services agreements, and coexistence agreements.


    Cowan, Liebowitz & Latman

    Richard Dannay is a partner with Cowan, Liebowitz & Latman, P.C., in New York City. He practices in the areas of copyright, publishing and trademark law, as 'well as libel, privacy, publicity and related matters. Mr. Dannay was the past president of The Copyright Society of the U.S.A. and one of its Honorary Trustees and former chair of the New York City Bar Committee on Copyright and Literary Property. He presented the 37th Annual Donald C. Brace Memorial Lecture (Nov. 2007): "Copyright Injunctions and Fair Use: Enter eBay -- Four-Factor Fatigue or Four-Factor Freedom?" (Copyright Society of U.S.A.); published at 55 Copyright Society Journal 449 (2008). Mr. Dannay lead counsel for the prevailing parties in the following reported cases: Penguin Group (USA) Inc. v. Steinbeck, 537 F.3d 193 (2d Cir. 2008) (statutory termination of transfers). Bill Graham Archives v. Dorling Kindersley Limited, 448 F.3d 605 (2d Cir. 2006) (fair use). Silverstein v. Penguin Putnarn Inc., 368 F.3d 77 (2d Cir. 2004) and 522 F. Supp. 2d 579 (S.D.N.Y. 2007) (compilation copyright; injunctions). Williams v. Crichton, 84 F.3d 581 (2d Cir. 1996) (Jurassic Park infringement suit). Girl Scouts of the U.S.A. and BOY Scouts of America v. Bantam Doubleday Dell Publishing Group, Inc., 996 F.2d 1477 (2d Cir. 1993), affg 808 F. Supp. 11 12 (S.D.N.Y. 1992) (trademark infringement and First Amendment). Arica Institute, Inc. v. Palmer and Harper & Row Publishers, 970 F.2d 1067 (2d Cir. 1992) ("fact estoppel" defense). Mr. Dannay received his L.L.B in 1964 from Harvard Law School and his A.B., magna cum laude, Phi Beta Kappa, in 1961 from Harvard College.

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    Current Developments in Copyright Law 2009



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