Skip to main content

Advanced Copyright Law 2018: Current Issues


Speaker(s): Jacqueline C. Charlesworth, Joshua L. Simmons, Judith Finell, Lateef Mtima, Linda Steinman, Raymond J. Dowd
Recorded on: Mar. 15, 2018
PLI Program #: 219889

Jacqueline Charlesworth’s experience encompasses a rare combination of litigation, transactional, and policy work in both the government and private sector.

Ms. Charlesworth served as General Counsel and Associate Register of Copyrights for the U.S. Copyright Office, where she oversaw a wide range of litigation, legislative, regulatory, and policy matters, including:

  • Legal interpretation of the Copyright Act
  • Copyright Office participation in Supreme Court and other cases
  • Advice to Congress on copyright-related legislation and policy concerns
  • Rulemaking proceedings under the DMCA and other statutory provisions
  • Legal review of Copyright Royalty Board decisions   
  • Administration of statutory cable, satellite and music licenses
  • Copyright registration and termination issues
  • Copyright policy studies, including two major reports for Congress:
    • Copyright and the Music Marketplace (2015)
    • Copyright Small Claims(2013)

Memberships and Affiliations

  • Adviser, ALI Restatement of the Law, Copyright (2015-present)
  • Member, Copyright Society of the USA (2002-present)
  • Leadership Music, Nashville, Tennessee (2014-2015)

Previous Experience

  • U.S. Copyright Office, General Counsel and Associate Register of Copyrights; Senior Counsel to the Register
  • National Music Publishers’ Association, Senior Vice President and General Counsel
  • The Harry Fox Agency, Inc., Senior Vice President and General Counsel
  • Ms. Charlesworth has also practiced at major law firms where she focused on intellectual property issues.

 Education

Yale Law School, J.D., 1991

  • The Yale Law Journal, Executive Committee Editor
  • Yale Journal of Law and Feminism, Founding Member

Brown University, B.A., 1983

  • magna cum laude
  • Phi Beta Kappa


Lateef Mtima is a Professor of Law at the Howard University School of Law. After graduating with honors from Amherst College, Professor Mtima received his J.D. degree from Harvard Law School, where he was the co-founder and later editor-in-chief of the Harvard BlackLetter Journal. He is admitted to the New York and Pennsylvania bars and has practiced intellectual property, bankruptcy, and commercial law, including a decade in private practice with the international law firm of Coudert Brothers. Currently a member of the Advisory Council for the United States Court of Federal Claims and the BNA Patent, Trademark & Copyright Journal Advisory Board, Professor Mtima has held the post of Distinguished Libra Visiting Scholar in Residence at the University of Maine School of Law, is a past President of the Giles S. Rich Inn of Court for the United States Court of Appeals for the Federal Circuit, and was a member of the founding Editorial Board for the American Bar Association intellectual property periodical Landslide. Professor Mtima is the Founder and Director of the Institute for Intellectual Property and Social Justice, an accredited Non-governmental Organization Member of the World Intellectual Property Organization (WIPO).


Linda Steinman has more than 30 years of litigation and counseling experience in media and intellectual property law, and First Amendment law.  She represents a wide range of clients in media and the arts, including book publishers, television production companies, networks and new media, including in various different types of copyright matters.

Sample Copyright Experience In Complex “Transformative Use” Cases   

Authors Guild v. Google, Inc.
Submitted amicus curiae briefs on behalf of The Copyright Alliance in the Second Circuit and in support of Petition for Certiorari, addressing proper transformative use analysis for copyright infringement case based on mass digitization of books. 

Fox v. TV Eyes
Submitted amicus curiae briefs in Second Circuit and district court on behalf of several television networks in copyright infringement case against aggregator of television clips.

Associated Press v. Meltwater U.S. Holdings, Inc., et al.
Represented The Associated Press in a copyright infringement action against Meltwater News, leading subscription-based electronic media monitoring service that provides daily excerpts from news articles to its subscribers. In  precedent setting decision, Southern District of New York granted AP’s motion for summary judgment on its copyright claim and rejected Meltwater’s fair use defense, which was premised on its argument that it acted as a search engine. 

Association of American University Presses
Regular outside counsel to trade association for university and scholarly presses, including submission of amicus briefs in Cambridge University Press v. Patton (case against Georgia State University involving e-reserves) and as class member in Google Books litigation.

Other clients: Counselling advice to Getty Images, the Newspaper Association of America, and The New York Times on complex copyright issues. 

Named one of the “Best Lawyers in America” in Copyright Law by Best Lawyers, 2017; named as one of “America’s Leading Lawyers for Business” in First Amendment Litigation by Chambers USA, 2015-18.


Raymond J. Dowd is a member of Dunnington, Bartholow & Miller’s litigation and arbitration, intellectual property and art law and international practice areas. He has served as lead counsel in high-stakes, high-profile litigations and arbitrations in New York for over two decades. His book Copyright Litigation Handbook (Thomson Reuters/Westlaw) has received critical acclaim. Acting as a fiduciary by serving on non-profit boards has shaped his practical problem-solving approach and perspective.  On January 10, 2018 at the United States District Court for the Southern District of New York, the Network of Bar Leaders awarded Mr. Dowd the Harold Baer, Jr. Award for service to the legal profession.

Mr. Dowd also assists individuals, art owners, dealers and corporations with trademark and transactional work, including international licensing and distribution. He lectures regularly on art law and copyright law. In 2006, he co-founded the annual day-long Art Litigation and Dispute Resolution Institute at New York County Lawyers’ Association featuring the top judges and practitioners in art law.

Mr. Dowd has served as President of Network of Bar Leaders (2013-2014); General Counsel of the Federal Bar Association (2010-2011); FBA Vice President for the Second Circuit (2006-2012); FBA Board of Directors (2011-2016); The Federal Lawyer Magazine Editorial Board; FBA Government Relations Committee; FBA President of Southern District of New York Chapter (2006-2008); New York County Lawyers’ Association Board of Directors (2003-2006); National Arts Club Second Vice President, Chair Audit Committee (2016-Present); Co-Chair of Fordham Law School’s International Law Affinity Group (2016-Present); Village of Westhampton Beach Conservation Advisory Council (2014-Present).

Mr. Dowd is a member of the Copyright Society of the U.S.A.; New York State Bar Association, Commercial and Federal Litigation Section and Intellectual Property Law Section, Fellow, New York State Bar Foundation; Sustaining Lifetime Fellow, Foundation of the Federal Bar Association.

Mr. Dowd earned a Bachelor of Arts from Manhattan College in International Studies cum laude and a Juris Doctor from Fordham University School of Law, serving as Articles Editor for the Fordham International Law Journal where he currently serves as an Adjunct Professor.


Recognized as a “Next Generation Lawyer” (Legal 500), Joshua Simmons focuses his practice on intellectual property litigation and counseling, as well as regulatory and legislative policy.  This “Top Attorney” (Law360) litigates copyright, patent, trademark, and trade secret cases—particularly complex cases and those of first impression—along with contract, licensing, and domain name disputes.  He also advises on IP matters that intersect with antitrust, computer and Internet fraud, false advertising, publicity right, privacy, and social media issues.

Josh routinely is recognized for his appellate and trial court representations in intellectual property, media, and entertainment cases.  Law360 named Josh a “Rising Star” for his media and entertainment matters.  The Legal 500 recognized Josh for his copyright, trademark litigation, trade secrets, and media and entertainment practices.  Super Lawyers repeatedly has named Josh a “Rising Star” for his intellectual property litigation practice.  And Josh was part of the Kirkland team Managing Intellectual Property magazine honored for its work on “Milestone Case of the Year” Oracle America v. Google.

Josh’s high-profile matters involve computer software and services, consumer and leisure products, financial services, health care and pharmaceuticals, media and entertainment—such as electronic games, film, news, publishing, sports, television and theatre—and telecom.  They have been featured in the mainstream media, legal periodicals, and trade press.

In addition to maintaining a full-time litigation practice, Josh is a frequent speaker and has authored numerous articles on emerging trends in intellectual property.  He also is an active member of the intellectual property bar:

• At the ABA Intellectual Property Law Section, he chairs its Copyright Law Reform Task Force, serves on its governing Council, and is a Council Liaison to its Copyright Division.

• He is Vice Chair of the Intellectual Property Owners Association’s Software Related Inventions Committee, and its liaison to the American Law Institute’s Restatement of the Law, Copyright project.

• He chairs the Copyright Society’s Media Library Committee. 

• He is a member of the Board of Advisors to Columbia Law School’s Kernochan Center for Law, Media and the Arts.

Josh’s pro bono includes representing asylum seekers before the Department of Homeland Security and the American Theatre Wing, Comic Book Legal Defense Fund, Fashion Law Institute, and others in IP-related matters.

He received a J.D. from Columbia Law School, where he was awarded the Carroll G. Harper Prize for achievement in intellectual property, and a B.A. from Brandeis University.


Judith Finell is a musicologist and the president of Judith Finell MusicServices Inc., a music consulting firm in New York founded in 1985. She has testified as an expert witness and consulted in various litigations involving copyright infringement over the past 20 years, including most recently as the lead musicologist for the Marvin Gaye family in their dispute over the song “Blurred Lines” with Pharrell Williams and Robin Thicke. She has also testified in disputes for Michael Jackson, Sony/CBS, Warner-Chappell, the estates of Igor Stravinsky and Bob Marley and before the Copyright Royalty Board in Washington on behalf of the National Music Publishers Assn. in a dispute with the RIAA.

Ms. Finell’s firm regularly advises entertainment company clients on licensing and risk avoidance in copyright matters, including HBO, Sony Pictures, Disney, Grey Advertising, Lionsgate, LucasFilms, CBS, and others. 

Ms. Finell holds an M.A. degree in musicology from the University of California at Berkeley and a B.A. from UCLA in piano performance. She has written numerous articles and a book in the area of contemporary music and copyright infringement and has appeared in trials on Court TV and before the American Intellectual Property Law Association. She is on the board of the Copyright Society of the U.S.A., and has appeared as a guest lecturer at the law schools of UCLA, Columbia, Vanderbilt, George Washington, NYU, and Fordham as well as the Beverly Hills Bar Assn., LA Copyright Society, and the American Independent Music Publishers. She may be reached either by e-mail at judi@jfmusicservices.com or by telephone at (914) 779-8881.