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Advanced Copyright Law Annual Review 2015


Speaker(s): Devereux Chatillon, Hillel I. Parness, Jonathan Zavin, Judith B. Prowda, Judith Finell, Lateef Mtima
Recorded on: Mar. 25, 2015
PLI Program #: 59424

Devereux Chatillon is an experienced media and intellectual property attorney who specializes in the area of copyright and intellectual property rights counseling; licensing of digital and other content, strategic positioning and risk management; and prepublication advice. She works with large and small companies, including established firms and start-ups, to advise them on the use of every kind of content, from digital to audio-visual to traditional print. She also creates new templates for applications and content use across all platforms and provides general advice to clients in identifying and helping minimize legal risk.

Dev has spent many years at the highest levels of the corporate world, working at; Scholastic, Inc. (as Senior Vice President, Corporate Secretary & General Counsel); Sonnenschein Nath & Rosenthal LLP (now Dentons) (as Partner); Callaway Digital Arts, Inc., an Apple app developer  (as VP Business Development); The New Yorker (as Vice President & General Counsel); and ABC (as Senior General Attorney).

Educated at New York University (JD, Law), where she served on the NYU Law Review, and Harvard University (AB, American History), Dev lives and practices in New York City. She is a Adjunct Instructor in the Masters Program in Publishing at the NYU School of Professional Studies. Dev is member of the Board of Trustees of the Practicing Law Institute, where she serves as Co-Chair of the Pro Bono Committee and is a member of the Copyright & Literary Property Committee of the New York City Bar Association.

Specialties: Licensing, Intellectual Property, Copyright Law, Data Privacy, Digital Media, General Counsel


Hillel I. Parness (hip@hiplaw.com) is the Founder of Parness Law Firm, PLLC (www.hiplaw.com).  He is a highly-experienced commercial litigator and trial attorney, with a particular focus on copyright, trademark and technology-related issues. Over the course of his 20-year career, Hillel has represented a broad spectrum of domestic and international companies and individuals in a variety of industries. His clients have included large entertainment and media companies, rapid-growth and technology-leveraged enterprises, and major financial institutions. In particular, Hillel has substantial experience assisting clients with issues arising from the intersection of emerging technology, media and the Internet, as well as matters arising from the complex business activities of both traditional and Internet-based businesses.  In 2014, Hillel served in the temporary role of Acting Head of Litigation for Warner Music Group.

Hillel also serves on the Adjunct Faculty of Columbia Law School, where he has been teaching Internet and intellectual property topics since 2002. He is frequently called upon for his views on issues relating to complex litigation, intellectual property and the Internet, and he is a regular writer, speaker and commentator on these issues.?

Education:

  • Columbia Law School, J.D. 1995
  • Columbia College, Columbia University, A.B. 1995 (Accelerated Interdisciplinary Legal Education Program)

Court Admissions:

  • New York
  • New Jersey
  • United States Supreme Court
  • United States Courts of Appeal for the Second, Third, Seventh and Federal Circuits
  • United States District Court for the Southern, Eastern and Northern Districts of New York
  • United States District Court for the District of New Jersey


Jonathan Zavin is a commercial litigator and intellectual property attorney with extensive experience in intellectual property matters, and has litigated scores of copyright and trademark cases. He has also advised major film studios, producers, recording companies and publishing companies on transactions in the entertainment and new media industries.

At the request of the United States government, Mr. Zavin has traveled to Estonia, Latvia, Lithuania, Colombia, Kazakhstan, Greece and South Africa to meet with various government ministries and industry groups regarding the protection of intellectual property rights.

Mr. Zavin has lectured extensively on the subject of copyright law before law and industry organizations, including the Copyright Society of the U.S.A. and the American Bar Association. He is the author of articles addressing intellectual property issues. Mr. Zavin is on the Editorial Board of the Loeb & Loeb IP/Entertainment Case Law Weekly Update for Motion Picture Studios and Television Networks.

Distinctions

  • Named “Media and Entertainment MVP” by Law360 (2014)
  • Named "New York City Copyright Lawyer of the Year," Best Lawyers (2014)
  • Named "Top Lawyer" in The Hollywood Reporter, ESQ.’s “Power Lawyers Top 100” list (2007-2008, and 2010-2014)
  • Named in Chambers USA, America's Leading Lawyers for Business, in New York Media & Entertainment: Copyright & Contract Disputes (2007-2014 editions)

Education

  • Columbia University School of Law, J.D., 1973
  • St. John's College, B.A., 1968


Judith B. Prowda is an attorney, mediator and arbitrator focused on art law, copyright, entertainment and commercial law.  She is Senior Lecturer at Sotheby’s Institute of Art, where she teaches graduate courses in Art Law and Ethics and Policy in the Art Profession. Judith is a found­ing mem­ber of Stro­pheus Art Law, New York’s pio­neers in the pro­vi­sion of unbun­dled legal and busi­ness ser­vices to artists, gal­lerists, col­lec­tors and muse­ums.

She is Past Chair of the Entertainment, Arts and Sports Law Section of the New York State Bar Association, and is Chair of the Section’s Fine Arts Committee and Co-Founder and Co-Chair of the Alternative Dispute Resolution Committee. In addition, she is a member of the Art Law Committee of the New York City Bar Association and has served on the Copyright and Literary Property and Entertainment Law Committees.  A frequent lecturer on art law and alternative dispute resolution in the arts context, Judith is also a leader in the intellectual property field and has consulted at Sokolow, Dunaud, Mercadier & Carreras in Paris and at the World Intellectual Property Organization in Geneva. 

Judith is the author of Visual Arts and the Law: A Handbook for Professionals (Lund Humphries 2013), The Perils of Selling Art at an Art Fair: Legal Issues in Title, Chapter in Art, Cultural Heritage and the Market: Ethical and Legal Issues (Springer 2014) and The Art of Mediating Art Disputes: A Case for Mediation, Chapter in Appraising Art: The Definitive Guide to Appraising Fine and Decorative Arts (Appraisers Association of America 2013).  Her law articles and chapters have appeared in numerous law reviews, journals and books, and have garnered prestigious awards.  She is a Past Member of the Editorial Board of the Journal of the Copyright Society of the USA.

Prior to studying law, she was a reporter in the World Section at Time magazine and French-English interpreter at the U.S. Department of State.

Judith received her JD from Fordham University School of Law and her LLM from New York University School of Law.  She graduated from Sarah Lawrence College and earned her MA in International Relations from Johns Hopkins University School of Advanced International Studies, her MA in French Language and Literature from Middlebury College, and a Certificate in Political Science from l’Institut d’Etudes Politiques, Paris.


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.


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, 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, a member of the BNA Patent, Trademark & Copyright Journal Advisory Board, and 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).

Professor Mtima is the editor/contributing author of Intellectual Property, Social Justice, and Entrepreneurship: From Swords to Ploughshares (Edward Elgar 2015) and the co-author of Transnational Intellectual Property Law (Xuan-Thao Nguyen and Danielle Conway, co-authors; West Academic 2016). Some of his other publications include Digital Tools and Copyright Clay: Restoring the Artist/Audience Symbiosis, 38 Whittier Law L. Rev. 104 (2018); Copyright and Social Justice in the Digital Information Society: “Three Steps” Toward Intellectual Property Social Justice, 53 Hous. L. Rev. 459 (2015); The Promise of Information Justice, in Censoring Cyberspace: Regulating Communication on the Internet (Hannibal Travis, Editor, Routledge Publishing 2013); A Social Justice Perspective on IP, Innovation, Entrepreneurship, Innovation and Entrepreneurship, in Entrepreneurship and Innovation in Evolving Economies: The Role of Law (Megan Carpenter, Editor, Edward Elgar 2012); What’s Mine is Mine but What’s Yours is Ours: IP Imperialism, the Right of Publicity, and Intellectual Property Social Justice in the Digital Information Age, 15 S.M.U. Sci. &Tech. L. Rev. 323 (2012); Fulfilling the Copyright Social Justice Promise: Digitizing Textual Information, 55 N.Y.L. Sch. L. Rev. 77 (2010) (quoted in The Authors Guild v. Google Inc., 770 F. Supp. 2d 666, 679, n. 15, (S.D.N.Y. 2011); Copyright Social Utility and Social Justice Interdependence: A Paradigm for Intellectual Property Empowerment and Digital Entrepreneurship, 112 W. Va. L. Rev. 98 (2009); Whom the Gods Would Destroy; Why Congress Prioritized Copyright Protection Over Internet Free Speech and Privacy in Passing the Digital Millennium Copyright Act, 61 Rutgers L. Rev. 627 (2009); So Dark the CON(TU) of Man: The Quest for a Software Derivative Work Right in Section 117,  70 U. Pitt. L. Rev. 1 (2008); and “Tasini and Its Progeny: The New Exclusive Right or Fair Use on the Electronic Publishing Frontier?” 14 Ford. Intell. Prop., Media & Ent. L. J. 369 (2004) (quoted in Greenberg v. National Geographic Society, 533 F.3d 1244, 1264, 1266 (11th Cir. 2008) (dissenting opinion)).