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Understanding Copyright Law in the Data Era 2012


Speaker(s): Andrew P. Bridges, Bruce W. Baber, David L. Rein, Dean S. Marks, Deirdre Merrill, J. Michael Keyes, Katherine C. Spelman, Kathleen E. McCarthy, Nancy E. Wolff, Pilar Keagy Johnson, Sophie Cohen, Suzanne K. Nusbaum, Toby M. J. Butterfield
Recorded on: Jul. 9, 2012
PLI Program #: 35245

Pilar Keagy Johnson is Assistant General Counsel at Turner Entertainment Group's Cartoon Network. Johnson oversees the team responsible for business and legal affairs, development & production deals (for live action and animated programming), production legal work, and clearance of programming for Cartoon Network's Adult Swim. She also works with truTV.com on clearance of their Conspiracies site. Johnson received her B.A. in Communication from Stanford University in 1989 and her J.D. from Stanford Law School in 1994. Prior to attending law school, she worked in Washington D.C. at ABC News and as a Congressional press secretary. After law school, Johnson was a law clerk to the Honorable William B. Shubb (E.D. California). While at the Powell, Goldstein firm in Atlanta, she represented print, radio and television news media as a litigator and newsroom lawyer. In 1998 Johnson moved in-house to the Cable News Network, where she provided newsgathering advice to domestic and international journalists, handled subpoenas, conducted pre-telecast review of scripts, video and web content for domestic and international use, and licensed third party materials for various shows and units in the CNN family of networks and services.


Toby Butterfield is a partner in the firm's Litigation and Intellectual Property Groups. Mr. Butterfield has 20 years of experience litigating and counseling on copyright, trademark, defamation, digital media, and commercial matters. He has been listed as a New York area "Super Lawyer" for Intellectual Property Litigation by Law and Politics magazine since 2007. 

Mr. Butterfield's clients include media and entertainment companies, and designers and manufacturers of luxury goods. His recent work includes successfully representing the owner and publisher of Business Traveler magazine in a trademark licensing dispute with a competitor; and obtaining emergency injunctive relief for HIT Entertainment, Inc. -- owner of Barney®, Thomas the Tank Engine™ and Bob the Builder® -- effectively shutting down the manufacturer and distributor of counterfeit adult costumes of those well known characters. 

Mr. Butterfield writes and speaks frequently for bar associations and industry organizations. He recently authored "Coming to Terms: Hidden Traps for Media Entities and Producers in Website Terms of Use," for the ABA's Landslide, and the first chapter of "Counseling Content Providers in the Digital Age" on defamation for the New York State Bar Association. He also regularly writes for Media Law Resource Center publications on Fair Use, Copyright Termination, the Digital Millennium Copyright Act, and other hot topics. He has lectured at the Practicing Law Institute and at legal and television industry conferences all over the world.

Mr. Butterfield currently chairs the New York City Bar's Committee on Entertainment Law, and has chaired the City Bar's Committee on State Courts of Superior Jurisdiction and WNYC Radio's Community Advisory Board. Mr. Butterfield has appeared on BBC World News, been quoted by The New York Times and was the Administrator of the New York State Supreme Court Screening Panel for Democratic Party judicial candidates in New York County.

Prior to joining the firm, Mr. Butterfield was a partner at Cowan, DeBaets, Abrahams & Sheppard LLP. He graduated from Oxford University, the Inns of Court School of Law in London, and received an LL.M. from New York University School of Law. He is admitted to practice in New York state and federal courts, including the U.S. Supreme Court, the U.S. Court of Appeals for the Second Circuit, and District Courts for the Southern and Eastern Districts of New York.


Bruce W. Baber is a senior partner and founding member of King & Spalding’s global Intellectual Property Practice. Mr. Baber is active in all aspects of the firm’s IP practice, with an emphasis on litigation and other contested matters.

Mr. Baber participates actively on behalf of a wide variety of clients in both jury and bench trials of patent, trademark, trade dress and copyright infringement litigation matters, as well as adversarial patent, trademark and false advertising proceedings before the U.S. International Trade Commission, the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office, and the National Advertising Division of the Council of Better Business Bureaus. Since he began practice in 1979, Mr. Baber has represented many global and nationally-known companies in dozens of patent infringement, copyright infringement and trademark infringement, dilution and counterfeiting matters, as well as in a wide variety of false advertising disputes.

Mr. Baber has substantial experience in the protection of trademarks, copyrights and other forms of intellectual property, the prosecution of applications for registration of such properties, and the development and implementation of worldwide protection strategies. He has been involved in numerous major licensing and other intellectual property related corporate transactions, joint venture agreements and marketing agreements.


Dean Marks is Senior Vice President, Intellectual Property for Warner Bros. Entertainment Inc. He is responsible for establishing and guiding many of Warner Bros.' business practices with respect to copyright related issues, digital rights management and content protection technology. He also works extensively in copyright policy, including the formulation of the company's position on domestic and international intellectual property legislation and assisting in litigation matters involving copyright and content protection technologies.

Dean has worked in a variety of capacities for Warner Bros.' and its parent company, Time Warner, for over twenty years. Prior to his current position, he was Senior Counsel, Intellectual Property in the Time Warner Corporate Legal Department. In that capacity, he served as a private sector advisor to the U.S. Government delegation to the World Intellectual Property Organization 1996 Diplomatic Conference, which resulted in the adoption of the WIPO Copyright Treaties. Dean also actively participated in negotiations that resulted in the passage of the Digital Millennium Copyright Act in 1998. From 1992 through 1995, he worked as Vice President, Legal Affairs for Time Warner's European public affairs office in Brussels, Belgium where he advised and lobbied on European Union legislation with a focus on intellectual property and media issues. Prior to his time in Europe, Dean was Director of Business and Legal Affairs for Warner Home Video and Warner Bros. Consumer Products. Before joining Warner Bros., he was an associate in the corporate department of the Los Angeles law firm Tuttle & Taylor, and clerked for Judge Mariana Pfaelzer (U.S. District Court, Central District of California).

Dean received his Juris Doctor degree from Yale Law School in 1985, and was Senior Articles and Book Review Editor for the Yale International Law Journal. He received his Bachelor of Arts degree with distinction from Stanford University in 1980, and graduated Phi Beta Kappa. 

In 2009, Dean was named Technology and New Media Entertainment Counsel of the Year by the Association of Media and Entertainment Counsel.


Suzanne K. Nusbaum   
Arbitrator, Mediator, Settlement Judge 

Primary Areas of Practice:  Dispute Resolution: Arbitration, Mediation, Settlement Conferences.


Law School
:  J.D. Boston University School of Law; LLM in Intellectual Property Law Santa Clara University School of Law


Work History
:
Hon. Suzanne K. Nusbaum (Ret.) has settled and arbitrated hundreds of cases throughout the United States and internationally. As an Administrative Law Judge, she presided over many complex medical and legal disputes, at both the trial and appellate levels. Her ADR experience, detailed at www.impartia.com, includes copyright, trademark, trade secret, and patent infringement cases. Her intellectual property specialty is grounded on a broad base of civil and criminal law experience. Prior to the bench, she managed a private law practice and served as a state's attorney prosecuting criminal cases.


Professional Memberships

Fellow of the Chartered Institute of Arbitrators and of the American Bar Foundation. Judge Nusbaum serves as Chair of the Intellectual Property Owners Association's ADR Committee, vice chair of the ABA IP Section's ADR Committee, chair of the Northern California Chapter of the Chartered Institute of Arbitrators, vice chair of the Licensing Executives Society International's Copyright Licensing Committee, North American Liaison Officer for the Australasian Forum for International Arbitration, and as a member of the Advisory Committee of the Institute for Transnational Arbitration.


Areas of Practice

Kate Spelman has more than 30 years of experience providing strategic advice, design and implementation counsel for large, mid-sized and startup companies on copyright, trademark, trade secret and patent matters, both nationally and internationally, and has a special focus on media, licensing and mass digitization issues. Kate advises and counsels clients on the development, production, sale and defense of work related to emerging content distribution strategies and challenges, special issues in news reporting including repurposing content, and firewall and paywall configuration in light of changes in the fair use defense.

Kate is a frequent speaker on the progress of emerging copyright and digital publishing issues, and has advised authors, nonprofit and for-profit publishers, and internet service providers on the new language and provisions of the changed, global distribution environment. She has represented large digital publishing companies in international distribution agreements as well as represented developers and designers who are building and launching tools for online transmissions, storytelling, expression and art.

Additionally, Kate has experience assisting clients with Open Source licensing issues, including Open Source integrated licenses, audits, mergers and acquisitions due diligence, and compliance negotiations. Kate also helps clients design independent holding companies in the U.S. and in offshore intellectual property asset management. She has experience with intellectual property asset audits, and has assisted companies in proactive and reactive Sarbanes-Oxley compliance reporting requirements.

Academics

• Pepperdine University (Certificate in Dispute Resolution, 1990)

• University of Wisconsin Law School (J.D., 1980)

• University of Michigan (B.A., Classics and Latin, 1976)


David Rein litigated commercial and intellectual property disputes for sixteen years at an AmLaw100 law firm and its predecessor before joining some of his former partners at the Bruce Campbell Law Firm LLP f/k/a Finch & Campbell LLP.  Prior to that, he clerked for United States District Judge Dean Whipple of the Western District of Missouri.

David continues to focuses his practice on intellectual property litigation. He advises and represents both businesses and individual authors, artists and other creatives in copyright, trademark & trade secret litigation.

In addition, he has an extensive commercial litigation background involving complex contract disputes and business torts with particular knowledge of manufacturing practices, food processing and the energy industry.  

 
Representative Experience

  • Cancelled & opposed trademark registrations before the Trademark Trial and Appeal Board. Successfully trial before the TTAB which cancelled the mark of a client's competitor who had used the mark for many years. A full panel upheld the decision.
  • Served as lead counsel in defeating and pursing injunctions for alleged trademark violations. Defeated a preliminary injunction filed by a competitor during the national launch of my client's product line. After further litigation, the case was dismissed without any compensation from my client.
  • Lead counsel in advising & litigating copyright claims. Recovered damages on behalf of architect that exceeded client's or opposing party's profits because I was able to build a case that placed a substantial amount of defendant's revenues in jeopardy.
  • Successfully defended against patent lawsuits involving products ranging from audio speakers to food ingredients.

 

Admissions

  • Missouri, 1992
  • Kansas, 1993
  • U.S. District Court, Western District of Missouri, 1993
  • U.S. District Court, District of Kansas, 1994
  • Federal Circuit 2012
  • U.S. Tax Court, 2009

 

Professional Associations & Civic Involvement

  • Adjunct Professor, University of Missouri in Kansas City, Intellectual Property
  • City of Kansas City Municipal Art Commission, board member
  • American Bar Association, Intellectual Property Section, Vice-Chair of the Copyright Division
  • Ronald McDonald House Charities of Kansas City, operations & Red Shoe committees
  • Kansas City Volunteer Lawyers & Accountants for the Arts, founding board member
  • Kansas City Tomorrow Alumni Association, board member
  • International Right of Way Association, facilitator & chapter president

 

Clerkships

  • Law Clerk, The Hon. Dean Whipple, U.S. District Court, Western District of Missouri, 1992-1994

 

Education

  • J.D., University of Iowa College of Law, with high distinction, 1992; Iowa Law Review, Book Review Editor
  • B.S.B., University of Minnesota, with high distinction, 1989


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 17 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


Sophie Cohen is a Senior Corporate Counsel on the Marketing Legal team at Symantec Corporation, supporting the LifeLock and Norton consumer brands. Her work has involved a wide range of advertising and intellectual property matters, including reviewing marketing collateral for compliance (print, online, social media, TV, radio etc.), and collaborating with internal teams and outside agencies on advertising campaigns, social media initiatives, affiliate marketing, “truth in advertising” issues, FTC compliance, claims substantiation, talent agreements, celebrity rights, trademark and copyright issues, and the use of customer testimonials/reviews.

Prior to joining Symantec, 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 an Advisor to the Executive Committee of the California Lawyers Association Intellectual Property Law Section (formerly, State Bar of California), as well as Chair of their In-House Interest Group, planning CLE programs and networking activities. She is a member of the ABA-IPL Copyright Division and the Copyright Society of the USA.

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


Katie McCarthy is a partner in the New York office of King & Spalding’s IP practice group with 31 years of experience in trademark, design, internet, advertising and copyright matters. 

Katie advises clients on global IP issues and litigates IP cases in the federal courts and the U.S. Patent and Trademark Office Trademark Trial and Appeal Board. 

Katie is active on the Board of Directors of the New York Intellectual Property Law Association (NYIPLA) and is currently President-Elect of that organization, slated to take over as President in May. 

Katie recently finished a two-year term as the Editor-In-Chief of the International Trademark Association’s scholarly journal The Trademark Reporter, having written, solicited and edited articles for the journal for more than 20 years. 

Katie speaks frequently for the NYIPLA, INTA and PLI, and serves as one of the editors for the PLI book, Kane on Trademark Law.  Katie also actively promotes diversity in the profession through her involvement in King & Spalding’s Women in IP initiatives.

Katie lives in Astoria, New York where she, her husband and two sons can be found frequently hosting assorted siblings, nieces, nephews, cousins and friends.


Andrew Bridges represents innovators and their companies in a wide variety of important matters typically involving new technologies or business models, often when a company’s or an entire industry’s future is at stake.  His practice includes complex litigation, high-stakes counseling, and policy advice in Internet, copyright, trademark, advertising, unfair competition, consumer protection, and commercial law matters.  He advises entrepreneurs and companies that develop or promote new products, technologies, or business models in the face of potential legal challenges.  In addition, he has advised many important Internet and technology companies on their branding and trademark portfolios as well as litigating their rights.


Mike Keyes is a partner with a national litigation and trial practice where he represents a wide array of firm clients in cases involving patents, copyrights, trademarks, unfair competition, and false advertising. Mr. Keyes has litigated numerous cases throughout the country including in the U.S. District Courts of California, Washington, Oregon, Idaho, Florida, Tennessee, Illinois, Alaska, Delaware, New York, Massachusetts, and New Jersey.

Recently, Mr. Keyes was trial counsel for Kraft Foods in a highly-publicized false advertising case that was featured on ABC’s Good Morning America and also covered by the likes of The Chicago Tribune and The New York Times. Mr. Keyes was also trial counsel for Abercrombie & Fitch in a high-profile case in California federal court brought by Levi Strauss & Co. involving claims of unfair competition, trademark infringement, and dilution. The jury returned a unanimous verdict in favor of Abercrombie & Fitch on all claims. The case was profiled in the Daily Journal—California’s largest legal publication—as one of the Top 10 “Defense Wins” in California that year.

Mr. Keyes’ intellectual property clients also include the likes of Rovio Entertainment, Ltd (of Angry Birds® fame), Hall of Fame Major League Slugger George Brett, Helly Hansen, The North Face, Nestle, Del Monte Fresh Produce, Novatel Wireless, Esprit, Quest Diagnostics, Red Lion Hotels, and Cervecería Modelo (the manufacturer of Corona® Beer).

In addition to his trial and counseling experience, Mr. Keyes is also an active member of the copyright and trademark litigation bar. He is the past chair of the American Bar Association Copyright Litigation Committee, the past chair of the Washington State Bar Association Intellectual Property Section, and the co-editor of, and contributing author to, the forthcoming American Bar Association Copyright Litigation Deskbook. He is frequently invited to present on issues involving copyright and trademark law at national conferences and was once again one of the lawyer panelists featured at the American Bar Association’s Spring Intellectual Property Conference in Washington, D.C.

Mr. Keyes is an Adjunct Professor of Law at Gonzaga University where he has taught and lectured on trademark law, false advertising, and other intellectual property topics. He has published several articles and papers on intellectual property law including: The Expanded Scope of Declaratory Judgment Jurisdiction in Trademark Cases After MedImmune v. Genentech, ABA IP Litigation Newsletter, Winter 2008; Musical Musings: The Case For Rethinking Music Copyright Protection (published in the University of Michigan Technology Law Review), The Law of Copyright Damages (presented at a conference sponsored by the American Intellectual Property Law Association), and The Annual Review of Copyright Law Developments (published by the American Bar Association, 2009) (contributing author).

PROFESSIONAL BACKGROUND


Prior to joining K&L Gates, Mike served as a law clerk for Hon. Chief Justice Gerry L. Alexander of the Washington State Supreme Court from 1999-2000.

SPEAKING ENGAGEMENTS

  • Presenter, Washington State Bar Association IP Institute, “Design and Use of Consumer Surveys in Lanham Act Case--Recent Developments”, Seattle, WA March 2014
  • Presenter, Practicing Law Institute, “Fundamentals of Copyright Law in the Data Era”, San Francisco, CA, July 2013
  • Presenter, American Intellectual Property Law Association 2013 Spring Meeting, “Use of Non-Patent Literature During Patent Examination—Fair or Infringing?”, Seattle, WA, May 2013
  • Presenter, Practicing Law Institute, “Understanding Copyright in the Data Era”, San Francisco, CA, July 2012.
  • Presenter, Practicing Law Institute, University of Chicago, “Copyright Enforcement in the Data Era”, Chicago, IL, June 2012.
  • Panelist, American Bar Association Intellectual Property Spring Conference, “Trollings, Take Downs, and Transfers: An Audiovisual Odyssey Through The World of Copyright,”, Arlington, VA, March 2012.
  • Presenter, Practicing Law Institute, Understanding Copyright in the Data Era, San Francisco, California July, 2011.
  • Presenter, Practicing Law Institute, Copyright Litigation, San Francisco, California, July 2010.
  • Panelist, American Bar Association Intellectual Property Law Spring Conference, “Of Courts and Copyists: The Year in Review,” Arlington, Virginia, April 2010.
  • Panelist, American Bar Association Intellectual Property Law Spring Conference, “The Year in Copyright,” Arlington, Virginia, April 2009.
  • Presenter, American Intellectual Property Law Association, "Recoveries in IP Litigation: Hotspots and Trends in Copyright, Trademark, and Patent Damages, Online CLE, April 2009.
  • CLE Co-Chair, Intellectual Property Institute, Washington State Bar Association, Spokane, WA, October 2008—Institute featured United States Court of Appeals for the 9th Circuit Chief Judge, The Hon. Alex Kozinski
  • Presenter, American Bar Association Intellectual Property Law Spring Conference, “An Audiovisual Tour Through The Year in Copyright,” Arlington, Virginia, April 2008
  • Panelist, American Intellectual Property Law Association 2008 Mid-Winter Institute, “A Survey of Licensing Strategies One Year After MedImmune”, Phoenix, AZ, January 2008
  • Presenter, Washington State Bar Association Corporate Counsel Institute, “Trademark Law For General Counsel,” Seattle, WA, October 2007
  • Panelist, American Bar Association Intellectual Property Law Spring Conference, “Copyright in the Courts: Issues of First Impression,” Arlington, Virginia, April 2007
  • CLE Co-Chair, Intellectual Property Institute, Washington State Bar Association, Seattle, WA, March 2007
  • Presenter, “Copyright Law For The IP Attorney,” Idaho State Bar Association Intellectual Property Section, Boise, ID, November 2006
  • CLE Chair, Intellectual Property Developments: Litigation, Machination & Reformation, Washington State Bar Association, Spokane, WA, September 2006
  • Co-Presenter, “Architecture & Engineering in the Digital Age,” Preston Gates & Ellis, Spokane, WA, April 2006
  • Presenter, “Spyware Resolution Debate,” ABA Intellectual Property Annual Meeting, Boston, MA, 2006
  • Presenter, “Copyright & The World of Music,” Washington State Music Teachers Association Leadership Conference, Snoqualmie, WA, September 2005
  • Presenter, “Top Ten Trademark Tips,” Coeur d’ Alene Chamber of Commerce, Coeur d’ Alene, ID, June 2005
  • Co-Presenter, “Protecting Your Artistic Creations in the Digital Age,” Northwest Museum of Arts & Culture, Spokane, WA 2005
  • Co-Presenter, “Pitfalls for the Unwary: Recognition, Protection & Enforcement of IP Rights,” Emerald Education Group, Seattle, WA 2004
  • Presenter, “Copyright Law & The World of Advertising,” Great Falls Advertising Federation, Great Falls, MT, April 2004
PUBLICATIONS
  • Clicking Carefully In Legal Sphere of Social Media, Spokane Journal of Business, Volume 29, Issue 7, March 27, 2014.
  • Minimize Risks When Marketing Through Social Media, Spokane Journal of Business, Volume 28, Issue 7, March 28, 2013.
  • Featured in Spokane Journal of Business Article entitled “It’s true: False Advertising Claims Grow”, September 8, 2011.
  • Contributing Author, American Bar Association’s Annual Review of Intellectual Property Law Developments, 2009.
  • The Expanded Scope of Declaratory Judgment Jurisdiction in Trademark Cases After MedImmune v. Genentech, ABA IP Litigation Newsletter, Winter 2008.
  • Register Your Architectural Works Early and Often, Spokane Journal of Business, 2007.
  • Musical Musings: The Case For Rethinking Music Copyright Protection, 10 Mich. Telecomm. Tech. L. Rev. 407 (2004).
  • Has The Duration of Copyright Turned Wrong?, Washington State Bar News, 2003.
  • Whatever Happens To Works Deferred? Reflections On The Ill–Given Deferments Of The Copyright Term Extension Act, 26 Sea. L. Rev. 97 (2002).
  • State v. Rose: The Re–emergence of Colonial Writs?, 32 Gonz. L. Rev. 177 (1996).
PROFESSIONAL/CIVIC ACTIVITIES
  • Board Member, Holy Names Music Center
  • Co-Chair, 2006-2008, ABA Copyright Litigation Committee
  • Past Chair, 2007, Washington State Bar Association IP Section
  • Chair, 2006, Washington State Bar Association IP Section
  • Chair-elect, 2005, Washington State Bar Association IP Section
  • Sec-Treasurer, 2004, Washington State Bar Association IP Section
  • Co-founder, Spokane County Bar Association IP Section, 2003
  • Coach of National Appellate Advocacy Competition Team, Gonzaga University School of Law, 2002-present
  • Adjunct professor of law, “Internet and the Law,” “Trademark Law,” and “Legal Research & Writing,” Gonzaga University School of Law, 2002-present
  • Member, Copyright Society of the USA
  • Member, Supreme Court Historical Society
ADMISSIONS
  • California
  • Idaho
  • Washington
  • New York
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Eastern District of Washington
  • U.S. District Court for the Western District of Washington
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the District of Idaho
EDUCATION

LL.M., Columbia University School of Law, 1999 (Harlan Fiske Stone Scholar)

J.D., Gonzaga University, 1998 (magna cum laude; “Best Oralist,” National Moot Court Competition, Regional Finals 1997; Associate Editor, Law Review, 1997-1998)

B.M., piano performance, Loyola University of New Orleans, 1993

Graduate piano student, Tbilisi State Conservatoire, Former Soviet Republic of Georgia, 1993-1994

ACHIEVEMENTS
  • Named to Best Lawyers® in America
  • Named a “Rising Star” by Washington Law & Politics since 2005.


Nancy E. Wolff is a member of the intellectual property, media and entertainment law firm of Cowan, DeBaets, Abrahams & Sheppard, LLP located in New York, New York and Beverly Hills, CA. Nancy provides unique legal services for individual creators and multimedia companies of all sizes. Experienced in copyright, trademark and digital media law, Nancy offers full legal support to a wide range of traditional and digital media clients. 

Operating almost as an in-house lawyer, Nancy advises her clients on the registration and protection of intellectual property in the area of copyright and trademark, advises when releases are necessary under various publicity laws, and how to promote the client’s products and services without running afoul of the many advertising and privacy rules that are developing. She advises on creative ways to structure deals, make acquisitions or sell properties; reviews licensing and services agreements, as well as offering support to resolve any kind of legal dispute. While she explores the potential to resolve disputes amicably, with the aim to reach a fair settlement as efficiently as possible, if the enforcement or protection of her clients’ rights requires legal intervention, she is a strong and dedicated advocate for her client. She represents trade associations in advocating to changes to Federal copyright law as well as state laws that affect he various licensing industries.

ASSOCIATIONS AND ACTIVITIES
• Copyright Society of the USA (CSUSA), Immediate Past President
• American Bar Association (ABA), Intellectual Property Section; Committee on Copyright and Technology and Visual Arts and Dramatic Works Committee, and member of Intellectual Property Section Task Force on Copyright Reform,
• Media Law Resource Center (MLRC), member
• Section 108 Study Group, convened by the Library of Congress, and charged with updating the Copyright Act, previous member

AWARDS AND RECOGNITIONS
Chambers & Partners USA, “Intellectual Property: Trade Mark & Copyright –New York,” 2017-2018
Managing IP, “Top 250 Women in IP, ” 2018/19
• New York Metro Super Lawyer,” Super Lawyers, 2013-2017
• “Top 50: Women New York — Metro” Super Lawyers, 2015-2017
• “Picture Professional of the Year,” The American Society of Picture Professionals, 2007