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Fundamentals of Copyright Law in the Data Era 2019


Speaker(s): Deirdre Merrill, Eleanor M. Lackman, Jeffrey G. Knowles, Jeremy S. Goldman, Joseph C. Gratz, Naomi Jane Gray, Sophie Cohen
Recorded on: Jul. 8, 2019
PLI Program #: 253046

Eleanor M. Lackman is a partner at Mitchell Silberberg & Knupp LLP and is a nationally recognized practitioner in IP, media, and entertainment and sports law.  She has been ranked as a leading lawyer in copyright and trademark law by Chambers USA every year for the past seven years; she also has been recognized by Variety, the National Law Journal, Crain’s, Managing IP and other leading publications for her copyright, trademark, and entertainment law work.  Law360 twice named her as a “Rising Star” among five or fewer attorneys in media and entertainment law in the country, and she repeatedly has been voted as among the top 100 attorneys in the New York Metro area by Super Lawyers.

Eleanor’s practice encompasses media and entertainment defense, copyright and trademark litigation and counseling, and trademark branding, prosecution, and licensing.  She works closely at the intersection of IP and technology, including serving as counsel in Cartoon Network LP v. CSCS Holdings, Inc. (“Cablevision”) and Tiffany (NJ) Inc. v. eBay Inc., as well as counsel for amici in Capitol Records v. ReDigi, Disney Enterprises v. VidAngel, WNET v. Aereo, and Authors Guild v. Google

Eleanor serves or has served as an officer, chair, board member, or trustee for several legal-related organizations, including the Copyright Society of the USA, Volunteer Lawyers for the Arts, and Fordham’s Center on Law and Information Policy.  She is admitted to practice in New York and California and splits her time between MSK’s Manhattan and Los Angeles offices.  Eleanor is a graduate of Fordham University School of Law and Rollins College.

 

 



Jeff Knowles is a trial lawyer practicing complex commercial litigation with an emphasis on intellectual property matters. He has specific expertise in copyright, trademark, trade secret, Lanham Act, and other unfair competition cases, with deep experience in music-related litigation.  Jeff's music-focused experience ranges from representation of music publishers in the landmark Napster case to prosecution of a recent copyright infringement action on behalf of Sony Music Entertainment against the European webcasting company Radionomy.

Jeff served as a law clerk to the Honorable Eugene F. Lynch of the United States District Court for the Northern District of California (1987-1988), and prior to joining the firm, worked as a trial attorney for the U.S. Department of Justice in Washington, D.C. where he represented federal agencies in national impact litigation.

He is a member of the American Bar Association's Intellectual Property and Litigation sections and the Private Advertising Committee of the Antitrust Section. He is a member of the Copyright Society of the U.S.A., as well as the Bar Association of San Francisco. He also sits on the Board of Directors of Peak Systems, a Seattle-based web design company.

Jeff has served as a moot court judge for Stanford University Law School and has spoken on internet and copyright issues at Hastings College of the Law, Stanford University Law School, King Hall (UC Davis School of Law) and American University Law School in Washington, D.C. He has also been a guest speaker at conferences of the Intellectual Property Division of the Washington and Oregon Bar Associations.

Jeff earned a degree in political science from the University of California, Los Angeles (1984) and his law degree summa cum laude from the University of California, Hastings College of the Law (1987). While at Hastings, he was an Articles Editor for the Hastings Law Journal and was elected to the Order of the Coif and the Thurston Society.  


Jeremy S. Goldman is a partner in the Litigation Group, focusing on entertainment, media, intellectual property, commercial and privacy law.

Jeremy is a skilled commercial litigator with nearly fifteen years of experience counseling clients through complex disputes inside and outside of courtrooms in California and New York. His clients include independent filmmakers, production companies, writers, directors, financiers, media companies, publishers, video game developers, tech companies, creative agencies, executives, small businesses, and Fortune 500 brands. Jeremy is a passionate advocate committed to protecting, enforcing, and vindicating his clients’ rights.

Jeremy has special expertise handling intellectual property matters, contractual disputes, production mishaps and other legal issues that arise in the entertainment, media and technology industries. The Legal 500 recently recognized Jeremy for his work on high-profile copyright matters and he is co-Chair of the Los Angeles chapter of The Copyright Society of the USA. 

In addition to his litigation practice, Jeremy leverages his deep technical understanding of computers and the Internet to counsel clients through data breaches, cybersecurity incidents, regulator inquiries, and privacy class actions. Jeremy also advises clients on the Children’s Online Privacy Protection Act (COPPA).

In 2015, after spending eight years with the firm in New York, Jeremy moved across the country with his wife and two children to help launch Frankfurt Kurnit’s LA office.  He is admitted to practice in New York and California.

You can follow Jeremy on Twitter at @ipprivacylawyer.


Sophie Cohen is a Senior Corporate Counsel on the Marketing and Go-to-Market Legal team at NortonLifeLock Inc, supporting its global consumer brands. Her work has involved a wide range of advertising and intellectual property matters, including reviewing consumer-facing materials for compliance (such as print, online, social media, app store, TV and radio ads), and collaborating with internal teams and outside agencies on global advertising campaigns, social media initiatives, affiliate marketing, pricing issues, “truth in advertising”, FTC compliance, claims substantiation, talent agreements, celebrity rights, trademark and copyright issues, and the use of customer testimonials/reviews.

Prior to joining NortonLifeLock, Ms. Cohen was a partner at the intellectual property law firm Cobalt LLP in Berkeley, where she advised clients on all aspects of trademark clearance, prosecution and enforcement, domain name disputes, advertising law, licensing and co-branding, as well as software and technology agreements. She worked with clients on cutting-edge copyright matters, such as thorny copyright registrations, source code protection, emerging technologies, innovative business models, fair use, user generated content, fan communities, scraping, DMCA, and work-made-for-hire issues. Ms. Cohen also has extensive experience in promotions law, including sweepstakes, contests and raffles, with a special expertise in the fields of commercial co-venturing and cause marketing. 

Ms. Cohen is a member of the California and New York State Bars. She graduated from the Sorbonne (Paris) and the U.C. Davis School of Law. 

She currently serves as Chair of the In-House Interest Group of the California Lawyers’ Association Intellectual Property Law Section (formerly, State Bar of California, planning CLE programs and networking activities.

Ms. Cohen loves travelling to explore great wines, foods and art. She’s also a proud sci-fi geek.


Deirdre Merrill is the Director of Contracts at Chronicle Books LLC in San Francisco, California.  One of the most admired and respected independent publishing companies in the U.S., Chronicle Books was founded in 1967 and over the years has developed a reputation for award-winning, innovative books.  The company continues to challenge conventional publishing wisdom, setting trends in both subject and format, maintaining a list that includes much admired illustrated books and gift products in design, art, architecture, photography, food, lifestyle, pop culture, and acclaimed children’s titles. Chronicle Books’ objective is to create and distribute exceptional publishing that’s instantly recognizable for its spirit, creativity, and value. 

In her work at Chronicle Books over the last 20 years, Ms. Merrill’s primary focus has been drafting, negotiating, and maintaining copyright license agreements between the publishing house and authors, photographers, illustrators, and licensors, along with their respective agents and attorneys.  Her role includes negotiating and securing of digital rights for both backlist and front list titles published by Chronicle Books.  In addition she supervises the contracts and permissions department, helps to maintain the company’s trademark portfolio, advises the subsidiary rights licensing division and custom publishing departments, and supervises copyright registration for all titles published by Chronicle Books. 

Education:

  • J.D., University of San Francisco School of Law, 1999
  • B.A, Santa Clara University, 1995

Affiliations:

  • Member, California State Bar Association, 2000-present
  • Member, The Intellectual Property Law Section of the State Bar of California


Ms. Gray focuses her practice on intellectual property (including copyrights, trademarks and trade secrets) and commercial litigation, prosecution and counseling.  She has managed complex cases in all phases of litigation, from prelitigation counseling through appellate review. Her extensive copyright experience includes representing a magazine publisher in a series of cutting-edge lawsuits at the intersection of traditional print media and emerging electronic technologies which ultimately established the publisher’s right to reproduce its flagship magazine in electronic format (see, e.g., Faulkner, et al. v. National Geographic Society, et al., 294 F. Supp. 2d 523 (S.D.N.Y. 2003); aff’d, 409 F.3d 26 (2d Cir. 2005)). 

Ms. Gray is the current Vice President and President-Elect of the Copyright Society of the U.S.A.  She authors the copyright and trademark blog Shades of Gray®, www.shadesofgraylaw.com. 


Joseph C. Gratz is partner with Durie Tangri LLP in San Francisco.  A Trustee of the Copyright Society of the USA and an Advisor to the forthcoming ALI Restatement of Copyright, Mr. Gratz litigates cutting-edge cases at the intersection of copyright and new technology.  Currently, he represents Amazon, Facebook, Microsoft, and a variety of other companies in intermediary liability matters. He was named one of the Top 40 Under 40 lawyers in California by the Daily Journal in 2019 and one of nine Top Intellectual Property Lawyers Under 40 in the United States by Law360 in 2015.  Mr. Gratz received his B.A. from the University of Wisconsin-Madison and his J.D., cum laude, from the University of Minnesota Law School.  After law school, he served as a law clerk to the Honorable John T. Noonan, Jr. of the Ninth Circuit Court of Appeals.