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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

Joshua Simmons is a well-established and nationally recognized appellate and trial court litigator, who has been lauded as an “exceptional,” “forceful,” and “creative” “brainiac” (Chambers), “Top Attorney” (Law360), and “big-picture thought leader” (WTR). This “Intellectual Property Superhero” (CLS) focuses on copyright, patent, right of publicity, trademark, trade secret, and unfair competition litigations—particularly complex cases and those of first impression—along with contract, licensing, and domain name disputes. As a “Power Lawyer” (THR) and “Trailblazer” (NLJ), he is sought after for his IP counseling; strategic portfolio management; as well as regulatory and legislative policy advice. His eye-catching litigations involve a range of media (film, news, publishing, social media, sports, television, theatre, and video games) and technologies (artificial intelligence, computer software and services, circuitry and semiconductors, Internet-based systems, medical devices, and telecommunications).

Josh routinely is recognized for his high-profile appellate, IP, media, entertainment, and technology representations, including by Chambers & Partners, World Trademark Review, Legal 500, and Benchmark Litigation. Numerous publications also have honored Josh for his ground-breaking achievements, including The Hollywood Reporter, National Law Journal, Columbia Law News, American Lawyer, Managing Intellectual Property, and Law360.

In addition to his full-time litigation practice, Josh hosts PLI’s IP Discussions with Joshua Simmons, has chaired its Fundamentals of Copyright Law in the Data Era, and has spoken at both that program and PLI’s Advanced Copyright Law series. He also is a frequent speaker outside of PLI and the author of numerous articles on emerging IP trends. He is an active member of the IP bar, serving as an officer of the ABA Intellectual Property Law Section and member of it governing Council; chairing various copyright, trademark, Internet, social media, and software committees and task forces; and liaising to other organizations on copyright and right of publicity issues. And he is an advisor to Columbia Law School’s Kernochan Center for Law, Media and the Arts.

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. 


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 (today the Harvard Journal on Racial and Ethnic Justice). 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 former international law firm of Coudert Brothers. Professor Mtima has served as a member of the Advisory Council for the United States Court of Federal Claims, President of the Giles S. Rich Inn of Court for the United States Court of Appeals for the Federal Circuit, a member of the founding Editorial Board for the American Bar Association intellectual property periodical Landslide, a member of the BNA Patent, Trademark & Copyright Journal Advisory Board and the ALI Practical Lawyer Editorial Board, and a  Distinguished Libra Visiting Scholar in Residence at the University of Maine School of Law. Professor Mtima is the Founder and Director of the Institute for Intellectual Property and Social Justice, an accredited NGO member of the World Intellectual Property Organization (WIPO), and which advocates for core principles of socially equitable access, inclusion, and empowerment in the development and implementation of the IP ecosystem.

Professor Mtima is the editor/contributing author of Intellectual Property, Social Justice, and Entrepreneurship: From Swords to Ploughshares (Edward Elgar 2015) and a co-author of Transnational Intellectual Property Law (West Academic 2016). Some of his other publications include The Idea Exclusions in Intellectual Property Law, 28 Texas Intell. Prop. L. J. 343 (2020); IP Social Justice Theory: Access, Inclusion, and Empowerment, 55 Gonzaga L. Rev. 401 (2019/20); 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); A Social Justice Perspective on IP, Innovation, Entrepreneurship, Innovation and Entrepreneurship, in Entrepreneurship and Innovation in Evolving Economies: The Role of Law (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)).

 


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.


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.