NYC Bar Expired

Copyright Basics


This program covers the basics of copyright law and how to identify and address copyright issues. The presenters provide a thorough discussion about the nature, scope and duration of copyright protection; ownership and transfer of a copyright, including licensing and assignment; and the litigation process, including the standards for infringement, the availability of injunctive and monetary recovery, and available defenses to claims of copyright infringement, including fair use. This program is designed to give you a head start in understanding copyright law, whether you are a newly admitted attorney or a seasoned veteran.   

**iPad Compatible        


I. Copyright Basics
    A. The Nature and Scope of Copyright Design
    B. Duration of Protection Under Copyright
    C. Who is an Author?                   
    D. What is Copyrightable?
    E. Protected Works under the Copyright Act of 1976
    F. Author's Bundle of Exclusive Rights
    G. The Copyright Act of 1976
        1. Overview
        2. John Forward v. George Thorogood
        3. Registration under the 1976 Act
    H. Works for Hire
        1. What is a Work for Hire?
        2. Drafting Agreements for Works for Hire
        3. Joint Works of Authorship
        4. Collective Works
     I. Transfers
        1. Definition of a Transfer
        2. Important Transfer Cases
        3. Cases Continues
        4. Recordation and Priority
        5. Termination Rights
        6. Stewart v. Abend
        7. Scorpio Music v. Victor Willis
        8. Marvel Characters v. Simon
     J. Other Useful Copyright Resources
     K. The Copyright Office Website
        1. Using the Copyright Office Website
        2. Recordation of Transfers
     L. Copyright Litigation
        1. Copyright Litigation Overview
        2. Copyright Infringement
        3. Substantial Similarity
        4. What Defenses are Available?
    M. Fair Use
        1. Fair Use Introduction
        2. Fair Use Cases
        3. Appropriation of Art and the Use of Photographs
        4. Cariou v. Prince
        5. Fair Use Defenses

Content Provided


The years following the Civil War were tumultuous ones for New York City, offering many opportunities to the dishonest. Unsavory politicians and errant members of the bench and bar were among those who took advantage of those troubled times. In December 1869, a letter was circulated among some of the city’s lawyers addressing those improprieties. It called for the creation of a new bar association to “sustain the profession in its proper position in the community, and thereby enable it ... to promote the interests of the public ....” More than 200 lawyers responded by signing a declaration of organization and in 1870 The Association of the Bar of the City of New York was born. The young organization quickly made its presence felt. Among its first activities was a campaign to defeat corrupt politicians and judges at the polls and to establish standards of conduct for those in the legal profession.

The association continues to work at political, legal and social reform, and maintaining high ethical standards for the legal profession. The association also continues to implement innovative means by which the disadvantaged may be helped. Much of this work is accomplished through the Association's more than 160 committees, each charged to consider a specific area of law or the profession.

The association has grown to more than 23,000 members. To serve them, the association strives to move ahead in many areas. The library is the largest member-funded law library in the country, and provides members with a “gateway” to online services, including free use of LexisNexis and WestLaw, while continuing to provide more traditional library services. The Small Law Firm Center, Career Management Program and other benefits are constantly evolving to serve members’ needs. More than 150 continuing legal education programs are presented annually.

The public good remains one of the association’s highest priorities. The Legal Referral Service, jointly sponsored by the association and the New York County Lawyers’ Association, provides an array of services directly aimed at serving the needs of the public. The City Bar Justice Center identifies the most pressing legal concerns of New York’s neediest and uses novel approaches to address them, often involving community participation.


Speakers / Authors:

Photo of Charles c Chen

Charles Chen

Charles Chen is currently an in-house intellectual property attorney in New York. Prior to that, he was serving as a Miriam Netter fellow at the Volunteer Lawyers for the Arts. His interest in intellectual property law particularly copyright law also led to his summer clerkship at the U.S. Copyright Office.

Mr. Chen received both his J.D. and LL.M in intellectual property law from University of New Hampshire School of Law (also known as Franklin Pierce Law Center) in 2012 and his B.A. in art history from the University of British Columbia.



Photo of Theodore K. Cheng

Theodore K. Cheng
Fox Horan & Camerini LLP 

Theodore K. Cheng is a partner with Fox Horan & Camerini LLP. He practices in general commercial litigation, counseling, and alternative dispute resolution (ADR), with a focus on copyrights, trademarks, patents, trade secrets, and other intellectual property matters. With over 15 years of experience handling a broad array of business disputes in federal and state courts, he counsels high net-worth individuals and business entities in industries as varied as high-tech, telecommunications, entertainment, consumer products, food and hospitality, retail, and financial services. In 2007, he was named one of the Best Lawyers Under 40 by the National Asian Pacific American Bar Association.

Mr. Cheng typically formulates and advises clients and their in-house counsel on litigation and dispute resolution strategy, often striving to suggest innovative and creative ways to resolve conflicts. In addition to achieving favorable outcomes through motion practice and trials, he has successfully resolved numerous matters through facilitated negotiations, arbitrations, and mediations, including wage-and-hour disputes, breach of contract and negligence actions, trade secret theft, employment discrimination claims, and intellectual property infringement. Mr. Cheng also works with Resolute Systems, LLC to provide private mediation, arbitration, and ADR consulting services, principally assisting to resolve employment discrimination and wrongful discharge matters as part of a company’s internal dispute resolution process. Mr. Cheng also received a 2013 American Arbitration Association A. Leon Higginbotham, Jr. Fellowship. He regularly speaks and publishes on intellectual property and ADR issues.

Mr. Cheng received his J.D. from New York University School of Law and his A.B., cum laude, from Harvard University.


Photo of Dale Cendali

Dale Cendali
Kirkland and Ellis LLP 

Dale Cendali is a partner at Kirkland and Ellis LLP and is a nationally recognized leader in the field of intellectual property litigation, having successfully litigated and tried numerous high-profile cases, and having argued before the U.S. Supreme Court. Her practice encompasses copyright, trademark, Internet, false advertising, patent and trade secrets law, as well as defamation, the right of publicity, privacy, complex contract disputes and similar areas, including electronic discovery.

Ms. Cendali has repeatedly been ranked as a "top tier" lawyer by Chambers Global and Chambers USA, which describes her as "one of the best lawyers in the country" in her field who combines "intellectual acuity" with a "tough, hard-working attitude"; a "superb litigator" who "thinks quickly on her feet and vigorously defends her clients." In 2013, The National Law Journal selected her as one of the "100 Most Influential Lawyers in America." Among numerous other honors, Ms. Cendali was listed as one of Lawdragon's 500 Leading Lawyers in America in the 2013-2014 guide and was also included in Euromoney's Benchmark guide, "The Top 250 Women in Litigation." Ms. Cendali is also an adjunct professor at Harvard Law School, teaching copyright and trademark litigation.

Ms. Cendali received her J.D. from Harvard Law School in 1984, where she was Editor-in-Chief of The Harvard Law Journal on Legislation from 1983-84. She received her B.A., summa cum laude, from Yale University in 1981.

Photo of Matthew P. Moore

Matthew P. Moore

Matthew P. Moore is Assistant General Counsel at BuzzFeed, Inc., where his practice includes intellectual property, technology and Internet law. Prior to moving in house in various roles at Cantor Fitzgerald, and Broadcast Music, Inc. (“BMI”), Mr. Moore was a Litigation Associate at a New York law firm, focusing his practice on intellectual property and entertainment law. He has lectured on copyright and entertainment law in college classrooms and at his alma mater, Brooklyn Law School, where he was awarded the Charles and Jane Ortner Prize for Achievement in Entertainment Law at graduation.

Mr. Moore is Co-Chair of the NY Chapter of the Copyright Society of the USA and his memberships include the New York City Bar Association's Committee on Copyright and Literary Property and the Executive Committees for the NY State Bar Association’s Intellectual Property and Corporate Counsel sections. He was U.S. Contributing Editor to a leading music industry guidebook published in the U.K. and has written several articles on intellectual property law issues, including "The Secret Life of Patents," 48 Washburn L.J. 33 (2008), with Jason Mazzone. Prior to practicing law, Mr. Moore spent nearly a decade in the music business, his last position being the COO and Director of Business & Legal Affairs at a boutique music publishing and royalty auditing firm.

Photo of Scott J. Sholder

Scott J. Sholder
Cowan, DeBaets, Abrahams & Sheppard LLP

Scott J. Sholder’s practice focuses on litigation, counseling, and dispute resolution in entertainment, media, and intellectual property law. Mr. Sholder represents and advises clients across various industries in copyright, trademark, false advertising, unfair competition, right-of-publicity, domain name, and commercial disputes.

Prior to working at Cowan, DeBaets, Abrahams & Sheppard LLP, Mr. Sholder was a litigation associate in the New York office of Paul, Weiss, Rifkind, Wharton & Garrison, where he focused on cases arising in the areas of commercial contracts, intellectual property, false advertising, and internal and government investigations. Notable matters there included representing a major television network in a contract and copyright dispute concerning the ownership of a hit reality show, representing hair care product manufacturers in a false advertising dispute concerning the phrase “sold only in salons,” and representing one of the major music performing rights organizations in “rate court” disputes.

Before joining Paul Weiss, Mr. Sholder served as a judicial law clerk to the Honorable Peter G. Sheridan, U.S.D.J., in the United States District Court for the District of New Jersey, and to the Honorable Leonard I. Garth, U.S.C.J., in the United States Court of Appeals for the Third Circuit.

Mr. Sholder received his J.D. in 2007 fro Seton Hall University School of Law, and his B.A. in 2007 from American University.

Photo of Barry Werbin

Barry Werbin
Herrick, Feinstein LLP

Barry Werbin is a partner at Herrick, Feinstein LLP and the chair of its Intellectual Property and Technology Group. Mr. Werbin concentrates his practice in intellectual property and Internet issues (including trademarks, trade dress, copyrights, unfair competition, false advertising, publicity and privacy rights, trade secrets, domain name issues and UDRP arbitrations, digital rights protection, trademark and content licensing, Internet and traditional marketing and sponsorship agreements, publishing, due diligence and exploitation rights) and technology issues (including software and technology licensing and development, IT support agreements, web-site development and hosting, IT outsourcing, and data and computer security breaches). Barry handles infringement and other complex commercial litigation and a broad variety of IP-related transactional matters.

Mr. Werbin was Chair of the Copyright & Literary Property Committee of the New York City Bar Association 2010-2013. He is an active member of the INTA's Online Use/Web 2.0 Working Group, which is studying brands in social media; and, Co-Chair of the NY State Bar EASL Section's Publicity, Privacy and Media Committee and EASL Executive Committee member. He has also lectured on copyright law at St. John's Law School and on Internet law at Parsons School of Design.

In 2013, Mr. Werbin was recognized as a top intellectual property litigation lawyer by Thompson Reuters' Super Lawyers, which rates outstanding lawyers who have attained a high-degree of peer recognition and professional achievement.

Mr. Werbin received his J.D. in 1981 from Fordham University School of Law, and his undergraduate degree, magna cum laude, from City University of New York.

Price (USD)

Standard Rate: $347.00

Course Code : 773151

Length : 2hr 17min
Recorded Date : 3/27/2014

Format Type : eLearning
Mobile Compatible

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