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Copyright & Literary Property Committee

The Copyright & Literary Property Committee addresses a wide variety of issues of concern to the copyright bar and to industries that are focused on content creation, distribution and publication, including book and magazine publishing, media, entertainment, music, art, film, and online content delivery technologies and business models. We follow and report on noteworthy decisions, new and proposed legislation, and cutting edge developments, such as in the areas of digital publishing rights, online digital media storage and access, DMCA enforcement, first sale doctrine, apparel design protection, evolving fair use standards, copyright restoration and recapture, online piracy, and anti-counterfeiting enforcement and remedies. The Committee also sponsors, sometimes with other Committees within the IP committee cluster, both CLE and non-CLE programs. So far in the 2011-12 season, we sponsored and ran the Law Clerks Copyright Seminar, which provides a three-hour in-depth overview, with CLE credit, of copyright basics and enforcement developments for the federal court law clerks in the Second Circuit, SDNY, EDNY and DNJ. In January 2012, we co-sponsored with the Trademarks Committee an exciting program on fictional character rights. We will be completing the spring 2012 season with a repeat CLE program on Copyright Basics for New Practitioners & Experienced Lawyers. Together with the Entertainment Law Committee, we co-sponsored a closed-door exciting panel discussion on the Viacom v. YouTube case (prior to the Second Circuit’s recent decision), featuring two of the lead attorneys for the parties who have been intimately involved in the proceedings, moderated by Prof. Ron Lazebnik of Fordham Law School.

The Committees continues to monitor closely the Google Books/Authors' Guild case and related photographers' class action, the Viacom v. YouTube case, and the proposed controversial PROTECT-IP and SOPA bills and related legislative activity. We also have been following proposed legislation on orphan works, the proposed Innovative Design Protection and Piracy Prevention Act, and pending litigation on the California Resale Royalty Act. Committee members regularly volunteer to give insightful reports at each meeting on new cases, proposed legislation and news items of interest. If you have a strong interest in copyright and are willing to attend monthly meetings and participate actively, you are encouraged to submit your application to the City Bar before June 1. Members serve for staggered three-year terms by class, with one third (approximately 13 members) rotating as of each September 1.


Recent Reports

Report on S.6790 regarding the use of the persona of a deceased personality for advertising or trade purposes(April 2010)( PDF )
Subject area: Right of Publicity

Comments to Copyright Office re: Notice of Inquiry Regarding the Problem of Orphan Works( PDF )
Subject area: Copyright Law

For the full list of committee reports click here