Copyright Law for the Small Firm Practitioner

Originally held on Wednesday, October 27, 2021 | 6:30 pm – 8:30 pm

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Program Chair
David L. Cohen
David L. Cohen PC

  • Our speakers and panelists will address key aspects of this important and ever-evolving area of the law, including the following questions: What is a copyright and how is it different from other IP?; Why and when do I need a copyright registration?; What is the current law about re-posting material online?; How do I respond to a claim of copyright infringement?; What qualifies as “fair use”?; What do I need to know about licensing? Finally, the panel will address how generalists can begin to think about legal and business issues that may arise when their clients need to deal with copyright law.

    Program Fee:
    $89 for Members | $189 for Nonmembers

    Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2019-2021), In-House/Corporate Counsel, Judges, and attorney members who practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

  • Kristin G. Garris,
    Warshaw Burstein, LLP

    Barry I. Slotnick,
    Loeb & Loeb LLP

  • 6:30-6:35 pm
    Welcome and Introductions

    6:35 – 6:55 pm

    What is a copyright (and how is it different from trademarks and patents)?

      • Copyright definition and scope: “original works of authorship”
      • “Idea/Expression dichotomy”
      • Statute and history
      • Bundle of rights
      • Differences between trademarks, trade dress, patents, and copyrights

    6:55 – 7:10 pm

    Why do I need a registration and how do I get one?

    • Registration is a prerequisite for filing a copyright infringement lawsuit for works of U.S. origin
    • Statutory damages vs. actual damages and profits
    • 3 months (or register prior to infringement)
    • gov
    • Multiple online application forms
    • Author/Claimant
    • Work Made For Hire
    • Limitation of claim (New material / disclaimed material)

    7:10 – 7:15 pm

    How do I protect my work outside the U.S.?

    • Conventions and treaties
    • Berne Convention

    7:15 – 7:35 pm

    Copyright Infringement (or, how do I respond to this demand letter?)

    • Elements of copyright infringement
    • Digital Millennium Copyright Act (“DMCA”)
    • Some interesting cases
    • Copyright Alternative in Small-Claims Enforcement Act of 2019 (“CASE Act”)

    7:35 – 7:50 pm

    To Post or Not to Post?

    • Circuit differences?
    • Some interesting cases

    7:50 – 8:05 pm

    What qualifies as “fair use”?

    • Statutory definition
    • Four factors
    • Transformative: Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994)
    • Recent Second Circuit/New York cases

    8:05 – 8:20 pm

    How do I monetize my copyright rights?

    • Licensing
    • Key provisions of license agreements
    • Common problems encountered
    • Music Modernization Act (“MMA”)

    8:20 – 8:30 pm

    Panel Discussion [and Questions]

  • New York: 2.0 Professional Practice
    New Jersey: 2.3 General
    California: 1.5 General
    Pennsylvania: 1.5 General

  • This program has been generously sponsored by:

    Sponsoring Association Committees:
    Copyright & Literary Property, Claudia Ray, Chair
    Council on Intellectual Property, James R. Klaiber, Chair
    Small Law Firm, Anne Wolfson, Chair

    Other Sponsoring Organization:
    Small Law Firm Center

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org

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