Past Events:

Spring 2012


IP Surprise: Yoga & Dance


Wednesday, April 25, 2012
6:30 – 8:00 pm
Faculty Commons, W203
185 West Broadway

They don’t call ’em signature moves for nothing! Or maybe they do.

Recent publicity around the Bikram Choudhury v. Yoga to the People dispute has taken yoga from the studio to the courtroom, raising many questions about the possibility of securing IP protections for yoga and dance moves. The founder of Bikram Yoga sued the New York city-based yoga studio for copyright infringement, alleging it copied his style of spiritual exercise.

Does he have a case? What about ballet? Or dance routines more generally? Can creators of yoga moves and dance routines really use IP to secure exclusive rights over these non-static forms of expression? Please join the IILP for an exploration into the world of IP, yoga, and dance.


Speakers include:
Charles Colman, Charles Colman Law PLLC
Katherine M. Lyon, Associate, Colucci & Umans
Brendan Mee, Principal, Brendan Mee Law, P.C.

Advertising & Media Law Spring Rush

Tuesday, April 17, 2012

1:00 PM – Understanding the Many Facets of Social Media and its Effect on Businesses Today
• Liisa Thomas, Winston & Strawn
• Kathryn Farrara, National Advertising Division
• Brian Chase, General Counsel, Four Square
• Tom Chernaik, CEO, CMP.LY

2:30 PM – Negotiating Talent Contracts for Advertising & Media Purposes
• Brian Murphy, Frankfurt Kurnit Klein & Selz
• Annmarie Cullen, Dir. of Integrated Business Affairs, Anomaly
• Jennifer Estabrook, Executive VP Business Operations, Fila

3:45 PM – Behavioral Tracking – Who’s Watching You? How Do They Do It?
• Ted Lazarus, Senior Counsel, Google
• Stephen Kline, Sr. Counsel, Omnicom
• Sal Tripi, AVP Digital Operations & Compliance, Publisher’s Clearing House 

5:00 PM- Cocktail / Networking Reception

~~~~~~~
Please R.S.V.P. to Naomi.Allen@nyls.edu
This event will be at the New York Law School 2nd Floor Events Center
185 West Broadway
For the most updates, please visit our AdNauseum Blog @ http://www.adnauseumblog.org/events/
Or e-mail us at - AdNauseumNYLS@gmail.com
CLE Credit WILL be available!

Right to Remix: Appropriation Art in the Digital Age

Monday, April 9, 2012 @ 4:00 PM

New York Law School, April 9, 2012

185 West Broadway, New York, NY 10013 (Map)

2nd Floor Events Center, 4:00 - 8:00 p.m.

The Copyright Act protects “original expression,” but what is considered “original”? From Girl Talk to Richard Prince, artists are continually borrowing elements of other works to shape their own. Call it “remix,” “mashup,” “appropriation,” or “transformative”—drawing the line between infringement and fair use can be murky! 

Join artists, attorneys, and academics for two panel discussions about the ways in which today’s ever-changing technologies have both facilitated the spread of creative work and sparked new debate over the current state of the Copyright Act.

Approximate Timeline:

      330 - 400  Sign-In/Registration

      400 - 515: Panel I

      515 - 530: Break/Cookies/Coffee

      530 - 645: Panel II

      645 - Onward: Reception/Beer/Wine,etc

*CLE credit will be available. 

Panel I: “No Copyright Infringement Intended:” Attribution and the Influence of Digital Content Exchange on Copyright Law

We see it all the time on YouTube: people communicating through shared content without permissions. Although the Copyright Act attempts to balance culture and commerce through exclusive incentive models and fair use defenses, the law just doesn’t seem to be keeping up with the way end users, developers, and content creators operate in the digital sphere. Attributing the original creator can be difficult when there is such a surplus of information on the web and when much of it is built off of preexisting works. What is original anymore? With the influx of innovative technologies comes new opportunities for artists and creators to earn a living, but it is often on the fringes of traditional copyright laws. This panel will gather artists, technologists, lawyers, and students to discuss how the law operates within these new business models, where the confusion sets in, and what needs to be done moving forward. 

Panelists:

  • David Carroll, Director, Design and Technology (M.F.A.) graduate program, School of Art, Media and Technology, Parsons The New School for Design
  • Kirby Ferguson, writer and filmmaker (Everything Is a Remix)
  • Paul Miller a.k.a. DJ Spooky, That Subliminal Kid, electronic and experimental hip hop artist
  • John Brit Payne, intellectual property attorney, Foley & Lardner LLP
  • Maria Popova, cultural commentator and founder, Brain Pickings

Panel II: What is the Message? Transformative Commenting and the Chilling Effects of Judges as Art Critics

Before Cariou v. Prince, most copyright infringement claims associated with appropriated works were settled out of the court. However, after Judge Batts’ ruling in favor of the plaintiff, the debate in the art community over copyright law became heated. The Copyright Act allows a fair use defense for certain transformative works; however, how do the courts decide what constitutes “transformative?” Many judges are looking to the artist to comment on their own works to validate their transformative value; however, this often runs counter to the creative methods and ideas behind the artwork. This begs several questions. What gives a work its meaning? The artist’s intention, the viewer, or the context of the work itself? How should a judge make these decisions about art? Should the “transformative” requirement be taken out of the picture entirely? Is market effect the real issue here when it comes to the art world? This panel will bring together artists, lawyers, professionals, and students to discuss the subjective nature of fair use determinations and their effects on the art community. 

Panelists:

  • Michelle Bogre, Associate Professor, School of Art, Media, and Technology, Parsons The New School for Design
  • Daniel Brooks, Partner, Schnader Harrison Segal & Lewis LLP (attorney for plaintiff in Cariou v. Prince)
  • Paddy Johnson, founding editor, Art Fag City
  • David Ross, Art Practice Department Chair, School of Visual Arts
  • Sergio Sarmiento, Artist and Associate Director for Volunteer Lawyers for the Arts in New York City

Please RSVP to Naomi.Allen@nyls.edu.


 

Current Trends in the Video Game Industry

 Wednesday, March 28, 2012

6:00 p.m.–8:00 p.m.
185 West Broadway, Event Space
 
Interested in a career in the video games? Curious about where the highest grossing entertainment industry is headed in the near future? 
 
Our discussion will center on both of these questions as panelists discuss how they became successfully involved in the field and what they believe the future holds. So whether you’re unsure about your plans but are in law school and enjoy Mario Kart, or you’re an avid reader on everything tech, you will be sure to leave this event with more direction towards you career. 
 
Speakers Include: 
  • Brian Pyne ‘09, Attorney for the ESRB and Former Counsel of Take-Two Interactive. 
  • Janelle C. Bonanno ’09,  Executive Director of the Video Game Bar Association and Business Development Manager for Themis Group. 
  • Patrick Myers, Esq., Intellectual Property and Patent Attorney for Proskauer Rose LLP.
 
Moderated by: 
  • Professor Gregory Boyd, Video Game and Intellectual Property Attorney with Davis &Gilbert LLP and Adjunct Professor, New York Law School. 
 
Refreshments will be served.
Networking Reception to follow.
 
To RSVP, please e-mail Naomi Allen at naomi.allen@nyls.edu by Monday, March 19, 2012

 

International Perspectives on Copyright Reform

Co-Sponsored by the International Intellectual Property Society

Tuesday, March 27, 2012
Faculty Commons, W201
185 W. Broadway St
6:00- 8:00 pm


Is current U.S. copyright law effectively dealing with online piracy? What laws have countries such as France, United Kingdom, and Spain implemented to address the piracy issue? Has anyone found the solution?

Our program will address various international approaches to copyright law regulation as a means to combat piracy.  Our discussion will focus on recent legislation such as HADOPI (three strikes) in France, the now-abandoned PIPA/SOPA in the United States, Sinde Law in Spain, and international treaties such as ACTAe. Panelists will compare the effectiveness of these approaches and the impact that it has on curbing online piracy.

Speakers Include:

Jonathan Lutzky, Esq., Associate, Entertainment, Intellectual Property, Licensing, Corporate, MasurLaw

Marie-Andrée Weiss, Law Offices of Marie-Andrée Weiss

Professor Peter Yu, Kern Family Chair in Intellectual Property Law Director, Intellectual Property Law Center, Drake University Law School

Moderated by Professor Molly Land, Associate Professor of Law, New York Law School

 

 
To RSVP, please email Naomi Allen at naomi.allen@nyls.edu by Tuesday, March 20th.


 

Threats to Personal Privacy: Location Tracking Technology

 
Tuesday March 20, 2012 • 185 West Broadway, Faculty Commons W203
6:30 - 8:30 pm 
 
 
Are you concerned about your privacy when it comes to sharing your location via your mobile phone?
 
There has been a lot of talk about privacy issues involving the collection and sale of user data, but what about the collection of your location data? Does location tracking technology create real threats to personal privacy? Can the government and private companies track your location as easily as they can track your data? This panel discussed what you need to know about your privacy rights and this emerging field of law.
 
Panelists include:
 
•Andrew Lupu, Adjunct Professor at New York Law School
•Catherine Crump, Staff Attorney with the ACLU's Speech, Privacy and Technology Project
•Justin Lerer, Assistant United States Attorney, U.S. Attorney's Office for the Eastern District of New York
 

 

Symposium on Intellectual Property Licensing

IILP invites you to the annual Symposium on IP Licensing with presentations on drafting and negotiation.

Friday, March 9, 2012 • Room W301


9:00–9:45 a.m. Free and Open Source Software (FOSS) Licensing and Licenses

This lecture covered the origins of the FOSS movement and explores the differences between the major FOSS licenses while explaining how software created and distributed under FOSS licenses should be accommodated in traditional software development and licensing practices.
Terry Ilardi is Copyright Counsel for IBM Corporation, and is responsible for handling copyright and open source matters. He is a registered U.S. patent attorney and has been involved in patent, trademark, copyright, and technology licensing throughout his career.

9:45–10:30 a.m. Character Licensing

This discussion examined the objectives of character licensors and licensees.
Jay Kogan is the VP of Business & Legal Affairs and Deputy General Counsel for DC Entertainment (DC Comics and MAD magazine). He also serves as chief intellectual property counsel, as his primary areas of practice include rights acquisition, publishing, and licensing.

10:30–10:45 a.m. Break

10:45–11:30 a.m. Licensing to Prevent/Resolve Patent Litigation

Examined patent dispute resolutions and key provisions of the resulting license-settlement agreements.
Mark Webbink is a visiting professor at New York Law School and Executive Director of the Center for Patent Innovations. He previously served as Senior VP and General Counsel of Red Hat, Inc. His legal career has focused on intellectual property transactions.

11:30 a.m.–12:30 p.m. Lunch

12:30–1:15 p.m. IP Licensing in Fashion

This presentation described the role of IP licensing in the fashion industry and the approach taken to develop a business and legal understanding of each agreement.
Karen Artz Ash ‘80 is the National Co-chairperson of the IP Department at Katten Muchin Rosenman, LLP, and Chairperson of its National Pro Bono Committee. Her primary practice is in the fashion industry where she focuses on licensing and related domestic and international commercial transactions and consults with the editors of Women’s Wear Daily.

1:15–2:00 p.m. Motion Picture Licensing in a Digital World

An overview of the life cycle of an item of intellectual property and the complexities of licensing in an increasingly fragmented digital marketplace.
Larry Sapadin is Vice President of Business and Legal Affairs at Entertainment One U.S., a leading independent producer and distributor of music, motion pictures, and television for all media, including digital, theatrical releasing, CD, DVD, and TV worldwide. Sapadin is responsible for Entertainment One’s acquisition and license agreements in the U.S.


 

Demystifying Patent Law: A Conversation about Careers in Patent Law

Thursday, March 8, 2012
12:45pm-2:00pm
40 Worth St., Room SW930
Lunch will be served.

 

What does it take to be a patent attorney? Is a science background really necessary to practice patent law? Can I take the patent bar before I graduate from law school? What is the differene between patent prosecution and litigation?

Patent law can be intimidating -- but it doesn't need to be. Robert Czarnecki '06, Associate at Fitzpatrick, Cella, Harper & Scinto, discussed his career in the field of patent law.

Summer 2012

The IILP is thrilled to announce a summer series of career-focused events: the “How I Became a . . . ” series.

Join us each month for a small informal career panel featuring lawyers who found careers in sports law, entertainment, and advertising law. Find out how they made it into a position in the field of their choice. What breaks did they get? What should you be doing to get to the same place?

How I Bacame An... Advertising Lawyer

 Joining us for the final event in the series will be:

  • Kathryn L. Farrara ’07, Senior Attorney at National Advertising Division, CBBB;
  • Joseph J. Lewczak, Partner Advertising, Marketing & Promotions at Davis & Gilbert LLP; and
  • Kesari Ruza, Senior Attorney at HBO.

They will discuss their paths into advertising law, and give advice on breaking into the industry. A reception will follow.

 

Date: Wednesday, August 15, 2012

Time: 6–8 p.m.

Location: New York Law School 40 Worth Street, Room SW930

A very limited number of seats are available. Evening students are especially encouraged to attend, since the event is designed around their schedules.

RSVP to Naomi Allen at Naomi.Allen@nyls.edu by August 6, 2012.

 

How I Became An... Entertainment Lawyer

Date: Wednesday, July 18, 2012

Time: 6-8 pm

Location: New York Law School 40 Worth Street, Room SW930

 

Joining us will be:

  • Deborah Hartnett '90, Director of Legal and Business Affairs at Music Theater International;
  • Lindsay Orosz '10, Associate at Hughes Hubbard & Reed LLP - New Media, Entertainment & Technology; and
  • Lori Wengrofsky, Vice President of Legal and Business Affairs at iN DEMAND LLC.

They will discuss their paths into entertainment law, and give advice on breaking into the industry.

A reception will follow.

 

A very limited number of seats are available. Evening students are especially encouraged to attend, since the event is designed around their schedules. Watch for an announcment about the Advertising Law even in August.

RSVP to Naomi Allen at Naomi.Allen@nyls.edu by July 11, 2012.

 
How I Became a...Sports Lawyer
 
The IILP is thrilled to announce a summer series of career-focused events: the "How I Became A ..."
series.
 
Join us each month for a small informal career panel featuring lawyers who found careers in sports law,
entertainment and advertising law. Find out how they made it into a position in the field of their choice.
What breaks did they get? What should you be doing to get to the same place?
 
Kicking off the series is "How I Became A... Sports Lawyer" panel on Thursday June 21.
 
Joining us will be
  • Robert Erb ‘92, CEO of Schutt Sports, Inc.,
  • Ankan Patel ‘06, Corporate Counsel at Fila, and
  • Jodi Balsam, NYLS Sports Law Professor and former counsel at the National Football League.
 
They will discuss their paths into sports law, and give advice on breaking into the industry. A reception will follow.
 
Tuesday, June 21, 2012
6:00 - 7:30pm
Room SW930
185 West Broadway
 
A very limited number of seats are available. Evening students are especially encouraged to attend,
since the event is designed around their schedules. Watch for announcements about the entertainment
law (July) and advertising law (August) events.
 
RSVP to Naomi Allen --Naomi.Allen@nyls.edu  -- by June 14, 2012.
 

 

Spring 2011


Infinite Reality: Avatars, Eternal Life, New Worlds, and the Dawn of the Virtual Revolution: By Jim Blascovich & Jeremy Bailenson

This event took place virtually on NYLS-student video game law blog "All Your Law Are Belong To Us."

Infinite Reality: Avatars, Eternal Life, New Worlds, and the Dawn of the Virtual Revolution (Harper Collins, 2011) is the provocative new book from virtual reality's most prolific authorities, Jim Blascovich and Jeremy Bailenson.

Infinite Reality takes readers on a mind-bending journey through the universe of virtual reality, exploring notions of consciousness, perception, neuroscience, media technology, social interaction, and popular culture as they pertain to virtual reality. Blascovich and Bailenson examine how radical new developments in digital technologies will free the potential of the mind and change our understanding of what it means to be human.

Jim Blascovich is Director and co-founder of the Research Center for Virtual Environments at the University of California, Santa Barbara, where is is Distinguished Professor of Psychology. A pioneer in the science of virtual social interaction, Professor Blascovich has served as the president of major international scientific societies.

Jeremy Bailenson is founding director of Stanford University's Virtual Human Interaction Lab, which has been featured in the media, including on PBS's Frontline, NPR's All Things Considered, NBC's The Today Show, and in Time, Discover, Chronicle of Higher Education, and The New York Times Magazine.

Please visit "All Your Law Are Belong To Us" to learn more.


IP Surprise!: DIY

Wednesday, April 6, 2011

We are living in a remix culture – a time where artists appropriate old forms of media into new forms, using technology and ingenuity.

Our presentation brought together panelists from both the creative and legal side to address the question: why does remix/DIY art always equal infringement? We explored the tension between the makers and the lawyers of many creative industries, including music, art, user-generated content and fashion.

Panelists:

  • Michelle Bogre, Associate Professor, Photography Department, Parsons The New School for Design
  • David Boyhan, Director-ECM at Cerberus Capital Management LP
  • Carol Cho, Marketing & Promotions Director, BurdaStyle, Inc.
  • Charles Colman, Charles Colman Law, PLLC
  • Barry J. Heyman, Heyman Law
  • Ryan West, Music Engineer

Moderator:

  • Christopher Wong, Postgraduate Fellow, IILP

Advertising and Media Law "Spring Rush": Are YOU In?

Monday, April 4, 2011

Advertising as we know it has morphed into multiple formats in the past few years, all in an effort to engage and capture the consumer in ways it never has before. Attendees of the spring symposium learned about how everything from brand integration to social media and user-generated content, to multi-national advertising campaigns has put the consumer in the driver's seat and keeps advertising attorneys on their toes.

Panels:

  • 2:00 p.m. – 3:00 pm.: Getting the Most Bang Out of a Social Media Boom
  • 3:00 p.m. – 4:00 p.m.: Rolling Out a Multi-National Advertising and Promotional Campaign
  • 4:00 p.m. – 4:15 p.m.: Break
  • 4:15 p.m. – 5:15 p.m.: The Genius Behind Brand Integration, Brand Recognition, and Fantastic Tie-Ins
  • 5:15 p.m. – 6:15 p.m.: Networking Reception

Panelists Included:

  • David Binkowski, Executive Vice President, Digital Marketing, Lippe Taylor
  • Jeffrey Greenbaum, Frankfurt Kurnit Klein & Selz
  • Theodore Lazarus, Senior Counsel, Google
  • Joseph Lewczak, Davis & Gilbert
  • Dan Malasky, Senior Counsel, Professional Tennis, United States Tennis Association
  • Michael Rubin, Social Media Strategist, Fifth Third Bank
  • Kesari Ruza, Senior Counsel, HBO
  • Iris Temple, Counsel, Legal Affairs, Rainbow Media Holdings LLC
  • Christine Whittemore, Chief Simplifier, Social Media Marketing Consultant, Content Marketing Strategist at Simple Marketing Now LLC

PATENTLY PROFESSIONAL II

Monday, March 28, 2011

The road to being a lawyer in the Intellectual Property field isn’t always a clear one. There are trademarks, copyrights, trade secrets, and patents to worry about.  What steps do you need to take now to be prepared to enter the field? The IILP was proud to host Joseph Farco '08 and Joseph Kirincich '93 as they discused the ins-and-outs of the Patent and IP legal field. 


The Contours of Strong Patent Policy in the 21st Century

Friday, March 25th, 2011

One year after the conversation with New York Law School, Under Secretary of Commerce for Intellectual Property & Director of the U.S. Patent & Trademark Office, David Kappos discussed the efforts taken by the USPTO to ensure a more robust infrastructure of IP rights and protections.

Mr. Kappos specifically highlighted:

  • The role of universities in IP diffusion
  • Patent reform and the support it has received in Congress
  • The President's strategy for economic growth through innovation using the USPTO as a foundation
  • The impacts of Peer To Patent
  • The Green Technology Pilot and Three Track program to underscore unprecedented social enterprising

To watch the video of Mr. Kappos' discussion click here.


New York State Bar Association's Entertainment, Arts & Sports Law Section Presents: Tales of Brave Ulysses-Navigating the Copyright Issues of a Mobile App

Tuesday, March 22, 2011

Co-Sponsored by EASL’s Copyright and Trademark Committee and The Institute for Information Law and Policy

Speaker:

Chad A. Rutkowski of Woodcock Washburn LLC is a copyright attorney with Woodcock Washburn, LLP, and is Chair of the firm’s New Media Industry Focus Group. He is also a co-founder and business manager for Throwaway Horse LLC, a digital media publisher that created the Ulysses Seen website and iPad app.

Program Description:
The launch of Ulysses Seen in Apple’s iTunes store in June 2010 nabbed some headlines over Apple’s content guidelines. But the app began as a web-based project, and its unique use of public domain material and crowd-sourced content posed interesting issues of copyright law when it was repackaged as an Apple iPad app. Chad A. Rutkowski, a co-founder and business manager of the company that created the project (and a copyright attorney with Woodcock Washburn), discussed some of the choppy waters and looming perils that faced the project’s odyssey from web-based community project to a well-known iPad app.

Mr. Rutkowski discussed:

  • The efficacy of browse-wrap terms of use versus click-wrap terms of use
  • The copyrightability of short phrases
  • The interface between copyright law and common law idea protection doctrines
  • Implied licenses
  • Whether moving content from the web to an app implicates reproduction and/or distribution rights
  • The terms, scope, and enforceability of creative commons licenses

These are topics that pose questions that do not necessarily yet have answers. Attendees will be engaged in an interactive “crowd-sourced” discussion of how the mobile app “revolution” will impact, and be impacted by, legacy copyright doctrines.


WikiLeaks and the Law

Monday, March 21, 2011

The Institute of Information Law & Policy at New York Law School and Personal Democracy Forum were pleased to host the fourth event in a series of symposiums on WikiLeaks:

While speculation about the possible prosecution of Wikileaks founder Julian Assange for publishing classified information appears on the front pages of newspapers on a regular basis, this is the first such conversation among leading legal scholars and practitioners about the law's reach and potential impact. We looked at questions like:

  • Is Julian Assange a journalist?
  • How does Bradley Manning compare to Daniel Ellsberg?
  • How far does the First Amendment go in protecting the press when publishing classified information?
  • Can the Espionage Act apply to a publisher not based in the United States?
  • How often do newspapers publish classified information?
  • How can the government protect itself from future leaks?
  • Will leaks of this magnitude continue?
  • Is Obama going after whistleblowers?

Speakers:

Yochai Benkler, Berkman Professor of Entrepreneurial Legal Studies at Harvard and faculty co-director of the Berkman Center for Internet and Society
James Goodale, former General Counsel of the New York Times during the Pentagon Papers case
Gabriel Schoenfeld, author of "Necessary Secrets: National Security, the Media, and the Rule of Law"
Geoffrey R. Stone, Edward H. Levi Distinguished Service Professor at University of Chicago Law School

Moderated by:
Micah L. Sifry, Co-founder of Personal Democracy Forum


The End of the World as We Know It?: A Practical Guide to Copyright Termination

Thursday, March 10, 2011

2013 marks the first year that creators can begin to exploit a provision in U.S. Copyright law that allows for the termination of post-1978 copyright grants. Creators and their heirs will have the opportunity to potentially reclaim the rights in their original works, resulting in a dangerous uncertainty for content owners and licensees.

Michael Poster, Esq from Vanderberg & Feliu LLP gave a presentation discussing the significance of copyright termination, the practical challenges, the uncertainties and the costs of exercising termination rights, and how this provision may keep you employed for years to come.


Transportation Camp

Friday, March 5, 2011 - Saturday, March 6, 2011

TransportationCamp was a weekend-long unconference bringing together transportation professionals, civic technologists, and others interested in the intersection of urban transportation and technology.

For more information on TransportationCamp, click here.


PACER, RECAP, and Free Law

Tuesday, February 15, 2011

The RECAP project takes the movement surrounding using the Internet to foster greater government transparency to the judicial branch. Today, the US government puts federal court records online in a system called PACER: Public Access to Electronic Court Records. PACER keeps documents behind a pay-wall and suffers many usability shortcomings. Fortunately, these public documents are not eligible for copyright, so once a document has been retrieved from PACER, it may be freely shared and reproduced. RECAP enables citizens to easily share federal court documents. The goal of this project is to publish an extensive archive to the public for free.

Founders Steve Schultze and Tim Lee discussed both the technical workings of RECAP, as well as the policy implications of their project. In particular, they reported on the current status of our collection, legal issues they have encountered and the larger policy context for their work.


Everything You Wanted to Know About Comics!

Wednesday, February 9, 2011

Panel 1: Licensees v. Licensors: Who Would Win?
What happens when licensees and licensors team up? Find out in this sense-shattering panel! Learn more about licensing issues that arise in the comic book world, how larger companies and smaller creative teams handle cross-licensing, and war stories from the four color front lines! Leading the discussion was Jay Kogan, Vice President of Business and Legal Affairs at DC Comics.

Panel 2: The Secret Origin of Comics and Copyright
Comics may be known for their huge superhero battles, but they are dwarfed by the copyright wars behind many of those heroes. From Disney suing the Air Pirates to Jack Kirby fighting back his stolen artwork, there has been a secret war going on behind the pages of the comics we love. Fred Van Lente, writer of such comics as Comic Book Comics, The Incredible Hercules, Action Philosphers!, and The Amazing Spider-Man, joined us to present a different view on the colored history between comics and copyright.


Out of the Ashes: 9/11
A documentary film by Professor Marilyn J. Berger, Films for Justice, Seattle University School of Law.

Monday, February 7, 2011

Eleven days after the terrorist attack, the federal government put in place the largest public entitlement program—the 9/11 Victim Compensation Fund—to deal with this tragedy. Seven families explore the legal, moral, and ethical ramifications of the Fund and its impact on the civil justice system.

The screening was introduced by Professor Richard K. Sherwin and Professor Berger stayed for a Q&A following the screening.


Minority Report: A Conversation on Diversity in Intellectual Property
Co-Sponsored by Black Law Students Association, Legal Association for Women, and South Asian Law Student Association

Tuesday, February 1, 2011

This panel and networking session featured minority intellectual property practitioners from across various industries. The conversation will highlighted myths, opportunities, and challenges of breaking into the field of intellectual property.

Speakers and Guests Included:

  • Jane Chuang - Partner, Gil Yim & Chuang LLP
  • Karen Lim - Fross Zelnick Lehrman & Zissu, P.C
  • Lynn Oberlander - General Counsel, The New Yorker
  • Jamar W. Tyndale - Associate,
Fitzpatrick, Cella, Harper & Scinto
  • Nadja Webb - Vice President & Senior Counsel, Business & Legal Affairs, VH1
  • Preston Young - Intellectual Property Law Department, IBM

Whose Data is it Anyway?

Friday, January 28, 2011

A game show and panel discussion event in celebration of Data Privacy Day 2011 — an international event aimed at educating people on how to protect individual data in today’s networked and digitized society.

The Institute for Information Law & Policy celebrated Data Privacy Day 2011 with an event featuring a panel of privacy scholars and New York Law School faculty, Professors James Grimmelmann, Dan Hunter and Andrew Lupu. Panel participants and IILP students engaged in an intellectual game modeled off of the British improvisation television show, Whose Line is it Anyway? The game portion of the event was followed by presentations from our scholars and a Q&A.


Where Did Your Sample Come From?: A Screening of Copyright Criminals

Wednesday, January 19, 2011

Remixes and sampling are part of our musical culture, but what’s the legality behind them? Copyright Criminals delves into this question by looking at the intersection between musical expression and copyright
law. The film showcases different artists who sample, artists who have been sampled, and the legal scholars and practitioners who argue over how the law should control it all. After the screening, panelists discussed the film, copyright, music, and more. The panelists included:

  • Tony Berman '91: Founder of Berman Entertainment and Technology Law
  • Stephen Block: Vice President of Business Affairs and Senior Counsel for Harry Fox Agency
  • Lou Carlozo: Record Producer and Entertainment and Culture Journalist
  • Hope Carr: Clearance Consultant for Clearance 13’-8”
  • Professor Dan Hunter: Moderator

Fall 2010

A Man, A Plan, Broadband

Monday, November 15, 2010

Like electricity a century ago, broadband is a foundation for economic growth, job creation, global competitiveness and a better way of life. It is enabling entire new industries and unlocking vast new possibilities for existing ones. It is changing how we educate children, deliver health care, manage energy, ensure public safety, engage government, and access, organize and disseminate knowledge. But broadband in America is not all it needs to be.

The Institute for Information Law & Policy hosted a discussion with NYLS Alum, Claude Aiken ‘08, surrounding his role at the FCC. Mr. Aiken is Legal Counsel to the Senior Advisor to Chairman on Broadband at the FCC, where he advises the Chairman’s office on issues relating to the National Broadband Plan. Prior to this, he was an Honors Program attorney in the Wireline Competition Bureau where he focused on broadband competition and universal service issues. He also serves as a board member and general counsel for 100cameras, Inc., a non-profit that uses photography to help underprivileged youth.


The Second Annual Sports Law Symposium

Friday, November 12, 2010

Schedule:

  • 1:15 p.m. - 2:15 p.m.: Hot Topics in Sports

  • 2:30 p.m. - 3:30 p.m.: Key Labor and Antitrust Issues in the NBA and NFL

  • 4:00 p.m. - 5:15 p.m.: Breaking Into the Sports Industry

  • 5:15 p.m. - 6:30 p.m.: Networking Reception

Panelists Included:

  • Andrew Bondarowicz - President, Aregatta Group, Inc.

  • Mark Conrad '81 - Associate Professor of Business Law, Fordham University

  • Marc Edelman - Assistant Professor of Law, Barry University, Dwayne O. Andreas School of Law

  • Andrew Fine - Director of Marketing and Broadcasting, RLR Associates

  • Andrew Latack - Business Affairs Executive, CAA Sports

  • Bobby Marks - Assistant General Manager, New Jersey Nets

  • Michael McCann - Sports Illustrated Legal Analyst; Professor of Law, Vermont Law School

  • Alan Milstein - Senior Counsel, Sherman Silverstein

  • Chris Park - Counsel, Major League Baseball

  • Katherine Salisbury - President, Friedman & Salisbury Sports Management LLC

  • David Soskin '08 - Assistant Counsel, ESPN

  • Lisa Stancati - Assistant General Counsel, ESPN

  • Sarah Stuart - Senior Counsel, Reebok

  • Mike Zarren - Assistant General Manager and Associate Team Counsel, Boston Celtics

The International Trademark Association's Careers in Trademark Law: A Panel Discussions for Law Students.

Thursday, November 4, 2010

The International Trademark Association (INTA), New York Law School, and trademark law practitioners hosted a panel discussion designed specifically for law students. These legal professionals shared their thoughts and advice about the numerous career opportunities in the field of trademark law.

Practitioners from law firms and corporations answered questions such as:

What are the best ways to enter the field of trademark law?
How does one start a career in trademark law?
What do I need in order to complete an application for a position in trademark law?
What are the qualifications sought by law firms, trademark law counsel, or companies in recruiting attorneys?
Is it easy to move from a law firm to a company, and vice versa?

Featured panelists included:

  • Cheharazade Chemcham - Associate, Fulbright & Jaworski LLP
  • Cathy Lalor-Lueders - Vice President, Counsel Innovative Platforms, Trademarks & Mastercard Advisors, MasterCard International Incorporated
  • Britton Payne - Associate, Foley & Lardner LLP
  • Caridad Pineiro Scordato - Partner, Abelman, Frayne & Schwab

Moderator:

  • Susan Rosenfeld - Associate, Philips-Van Heusen Corp.

The Other Side of Reality: Fantasy Sports Dispute Resolution

Monday, October 25, 2010

Have you ever wondered how you can merge your outside interests with your legal education? Are you curious about learning more about the intersection of fantasy sports and the law?

In 2009, Michael Stein '04 founded Fantasy Judgment, a fantasy sports dispute resolution business. Fantasy Judgment is an independent expert dispute resolution service for 7 different fantasy sports leagues. Fantasy Judgment has also recently reached an agreement with the NFL to offer its services on NFL.com's new Fantasy Marketplace. Mr. Stein has used his legal education and experience to provide an alternative dispute resolution service to an increasingly popular field of entertainment. You can learn more about Fantasy Judgment by visiting its website at www.fantasyjudgment.com. In addition to reigning as Chief Justice of Fantasy Judgment, Mr. Stein is also a complex-claims director for Chartis Insurance in New York.


From Gotham City to "Where Everybody Knows Your Name"

Thursday, October 21, 2010

Elizabeth Dambriunas ’85 returned to NYLS to discuss her extensive career in the entertainment industry. Ms. Dambriunas is former counsel for Warner Bros., Paramount Pictures and MTV Networks. She has been practicing in the entertainment industry for over 25 years. Ms. Dambriunas handled worldwide business affairs and legal affairs for licensing of the Looney Tunes characters and the DC Comics franchises. She also negotiated deals for the “Cheers” restaurant and pub in London and the line of “Bubba Gump Shrimp Company” restaurants. In June 2010, Ms. Dambriunas left MTVN to start her own transactions practice for IP owners, licensors, and licensees.


Gaming the World: A Discussion with Professor Andrei Markovits
Introduction by Professor Beth Simone Noveck

Tuesday, October 19, 2010

Professor Markovits, a world-renowned scholar, spoke about his latest work titled, Gaming the World: How Sports are Reshaping Global Politics and Culture (Princeton University Press, 2010).

ABOUT THE BOOK: Professional Sports today have truly become a global force, a common language that anybody, regardless of their nationality, can understand. Yet sports also remain distinctly local, with regional teams and the fiercely loyal local fans that follow them. Gaming the World examines the 21st century phenomenon of global sports, in which professional teams and their players have become agents of globalization, while at the same time fostering deep-seated and antagonistic local allegiances, and spawning new forms of cultural conflict and prejudice.

To watch the video of this event click here.


Right of Publicity in Sports Video Games

Thursday, October 14, 2010

Sports video games have always placed an emphasis on having realistic representations of your favorite players. But what happens when in creating that realistic environment, a sports star's identity is used without their permission? How far does an athlete's right to control the commercial value of their identity go? Does the First Amendment protect the video game developers' attempt at recreating the skill set, aesthetic features, and overall identity of another person as an expressive work?

Guest lecturer Tim McIlwain '95 discussed right of publicity issues relating to professional athletes and their depiction in video games and other sports-related intellectual property issues.


Innovate / Activate: An Unconference on IP and Activism

September 24-25, 2010 @ New York Law School

Innovation is unquestionably important to society. Intellectual property regimes seek to provide incentives for such innovation. Understanding the inter-working of intellectual property regimes and innovation may lead to conclusions that such regimes are not working well, or at all, in encouraging innovation. When such failures are perceived, active communities form to address the shortcomings. Many communities have formed around issues such as free speech vs copyright; the importance of fair use; alternative licensing regimes such as Creative Commons or free and open source software; patent protection of software and business methods; and patents vs downstream innovation of critical pharmaceuticals.

While these approaches have been exceedingly important in bringing about needed change, many successful groups have devised strategies that balance the extent to which activists work within existing innovation systems in order to achieve their goals, as they continue to explore the necessity of circumventing those systems. At the same time, the increased production of and focus on IP in all industries has catalyzed the emergence of IP obstacles in areas where IP has traditionally not been a consideration, thus creating new areas for activism. It’s time to reexamine our approaches to improving global welfare by identifying new and existing IP-related challenges to activism, developing strategies for overcoming IP obstacles, and delivering practical solutions to spur social, political, environmental, scientific, technological and legal change.

The Institute for Information Law & Policy at New York Law School is proud to present Innovate / Activate, a two-day unconference, cosponsored by the Information Society Project at Yale Law School, where IP practitioners and activists will share their ideas and experiences in order to transform the landscape of activism.

More details at www.nyls.edu/innovateactivate.


An Evening with IP: Life as In-House Counsel

Tuesday, September 14, 2010

Alumna, Joshua Blank '06, returned to NYLS to discuss life as a young IP attorney. Mr. Blank works as In-House Trademark Counsel at United Business Media (UBM), LLC, a leading global business media company. He has previously worked for Saatchi and Saatchi, part of the Publicis Groupe, the world's third largest communications group.


All Your Law Are Belong to Us: Working in Video Game Law and the Media & Entertainment Industries

Monday, September 13, 2010

NYLS Alum, Peter Steckelman '93, came to discuss his background in IP and media law, as well as life working in-house for a global leader in the video game industry.

Mr. Steckelman presently works as the Vice President of Legal Affairs at Konami Digital Entertainment, Inc., a top developer and publisher of popular video game lines such as Dance Dance Revolution, Castlevania, and Frogger. Mr. Steckelman has previously worked in the film, TV, consumer products, and Internet industries for Disney, Fox, Mattel, and Warner Bros.


Spring 2010

IILP Presents: Lunch with a Copyright & Trademark Lawyer

Tuesday, April 13, 2010

Interested in practicing Intellectual Property law? Want to learn what it takes to be a solo practitioner in this field?

Mark J. Ingber has 18 years experience practicing in the field of Intellectual Property, focusing substantially on trademark and copyright law. Mr. Ingber has worked diligently to present his firm, Ingber & Gelber, LLP of Millburn, New Jersey, as an effective, cost efficient alternative to the larger Intellectual Property firms.

Mr. Ingber has devised progressive litigation strategies that have proved successful in securing favorable resolutions for his clients. For example, Mr. Ingber filed a declaratory judgment action in hometown New Jersey Federal Court, after his client, New Jersey based advertising company Ad Magic, Inc., received a cease and desist letter from a California company. On the basis of this “pre-emptive strike” legal strategy, the jury returned a unanimous verdict on behalf of Ad Magic, Inc. and against Advertising Magic, of Walnut Grove, California. Specifically, the Jury found that Advertised Magic failed to prove that a “likelihood of confusion,” exists between its ADVERTISING MAGIC service mark and my client’s AD MAGIC service mark.


Future Ed: New Business Models for U.S. and Global Legal Education Conference

April 9-10, 2010 @ New York Law School

Presented by the Center for Professional Values and Practice & IILP
Details at www.nyls.edu/futureed.


Vision for the USPTO in the 21st Century: Ensuring America’s Innovation Future

Friday, March 26, 2010

The Hon. David Kappos, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO), visited NYLS and presented a speech titled “Vision for the USPTO in the 21st Century: Ensuring America’s Innovation Future.” The event was presented by the Law School’s Center for Patent Innovations (CPI) and the Institute for Information Law & Policy.


IP Surprise!: Beer & Beverage, Business, and Trademark Reform

Thursday, March 18, 2010

Trademark issues for small businesses have becoming increasingly common. The 2009 dispute between Monster Energy Drink and Rock Art Brewery over the latter's "Vermonster" beer is a prime example of this. While the two companies eventually reached an agreement over use of their respective marks, the controversy got the attention of Vermont Senator Patrick Leahy, whose recently introduced trademark reform bill would require a study of "whether large corporations are misusing the trademark laws to harass small businesses by exaggerating the scope of their trademark protection." At the same time, we can't forget that larger corporations have strong interests and in some cases legal and/or shareholder obligations to enforce the strength of their mark.

The IILP was excited to host Rock Art's attorney, Douglas K. Riley of Lisman, Webster & Leckerling, PC of Burlington, VT for a discussion of his IP practice, which includes many clients in Vermont's burgeoning "artisan foods" industry. Lauren Mandell, Senior IP Counsel at Diageo North America, one of the largest alcoholic beverage brand owners in the world, also joined to discuss her practice. Professor Dan Hunter moderated this discussion of the trademark interests of small and large businesses and how to reform and refine the rules to accommodate both.


Copyright Exceptions for the Visually Impaired and Print Disabled: International Initiatives to Increase Access to Knowledge

Tuesday, March 16, 2010

The visually impaired and print disabled experience widespread barriers in their efforts to gain access to knowledge. These barriers include the shortage of books and other copyrighted works in accessible formats. In 1996, the U.S. Copyright Act was amended to allow the reproduction and distribution of certain copyrighted works in specialized formats for exclusive use by the blind or visually impaired. Although this limitation to the exclusive rights of copyright owners is a major improvement, it impact is limited to works protected by U.S. copyright and to U.S. residents.

The World Intellectual Property Organization (WIPO) has been considering access for the visually impaired and print disabled in recent years as part of its work on copyright limitations and exceptions. In early 2009, in connection with international initiatives, the United States Copyright Office and other federal agencies launched a domestic consultation process with a number of stakeholders and the public in order to gather information about their experiences with the current statutory limitation for the visually impaired and print disabled.

Michele Woods, Senior Counsel for Policy & International Affairs with the U.S. Copyright Office, visited NYLS and presented a detailed discussion regarding the initiatives taken by the United States to help close the domestic and international knowledge gap for the visually impaired and print disabled. The event also highlighted the role of the many federal agencies that contribute to the development of the U.S. intellectual property policy.


Symposium on Intellectual Property Licensing

Friday, March 12, 2010

The Institute for Information Law and Policy hosted the annual Symposium on Intellectual Property Licensing. The IP Licensing and Drafting professors presented specialized topics about drafting and negotiation.

9:00 am – 10:00 am
Mark Webbink – The Differing and Changing Nature of Patent Licensing.
A review of a number of the elements of patent licensing that differentiate it from other forms of IP licensing. How the law related to patent licensing has evolved in recent years.
Mark Webbink is Visiting Professor of Law at New York Law School and Executive Director of the School’s Center for Patent Innovation. He previously served as Senior Vice President and General Counsel of Red Hat, Inc. Much of his legal career has focused on intellectual property transactions.

10:00 am – 11:00 am
Jay Kogan – Character Licensing.
Jay will discuss the legal protections available to characters and examine the objectives of character licensors and licensees.
Jay Kogan is the Vice President of Business & Legal Affairs and Deputy General Counsel for DC Comics and MAD MAGAZINE. His primary areas of practice include film, television, print and multimedia publishing and licensing and he serves as the company’s chief intellectual property counsel.

11:15 am – 12:15 pm
Terry Ilardi – Introduction to Free and Open Source Software (FOSS) Licensing and Licenses.
This lecture will cover the origins of the FOSS movement and explore the differences between the major FOSS licenses with the goal of explaining how software created and distributed under FOSS licenses should be accommodated in the context of traditional software development and licensing practices.
Terry Ilardi is Copyright Counsel for IBM Corporation, where he is responsible for handling copyright and open source matters at the corporate level. In addition, he is an Adjunct Professor at New York Law School.

12:15 pm – 1:00 pm Lunch

1:00 pm – 2:00 pm
Larry Sapadin – Motion Picture Licensing in a Digital World.
An overview of the lifecycle of an item of intellectual property and the complexities of licensing in an increasingly fragmented digital marketplace.
Larry Sapadin is Vice President of Business Affairs at E1 Entertainment U.S., a leading independent distributor of home entertainment on CD, DVD, and digital media worldwide. Sapadin is responsible for all E1’s motion picture and television acquisition and license agreements in the United States.


Lunch with Alumna Marylee Jenkins '91

Tuesday, March 9, 2010

A graduate of NYLS, Ms. Jenkins is a partner at Arent Fox and heads the New York office’s Intellectual Property Group. She specializes in intellectual property matters involving computers and the Internet and counsels international companies on intellectual property disputes and strategies, portfolio enforcement and management and e-commerce and software development and protection.

Ms. Jenkins is involved in a variety of professional associations and organizations and is an active member of the American Bar Association – currently chair-elect of its Section of Intellectual Property Law (ABA-IPL). She has held many leadership roles in the ABA, including chair of ABA-IPL’s Information Technology Division and its Special Committee on Trademarks and the Internet, representative to the Intellectual Property Constituency of the Internet Corporation for Assigned Names and Numbers (ICANN), and member of the ABA Standing Committee on Technology and Information Systems.
A regular speaker at associations, organizations and institutions, Ms. Jenkins has written for numerous legal publications and serves on John Marshall Law School’s Intellectual Property Law Advisory Board. In addition to her JD from NYLS she holds a BS in mechanical engineering from Columbia University and a BS in physics from Centre College of Kentucky.


Fashionably Law: Fashion & the Law Firm

Thursday, March 4, 2010

Fashion law reaches beyond in house counsel, as many law firms have expanded their Intellectual Property practice into the fashion industry. Firms are able to provide resources and varied expertise that a legal department of a company may not be equipped to handle. This Fashionably Law lecture series focused on the role of the law firm attorney within the fashion industry. Karen Artz Ash, a partner at Katten Muchin Rosenmann LLP and NYLS aluma, led a discussion on the type of fashion industry legal issues, including licensing and related arrangements, the type of work she does depending on whether the client is firmly established or just emerging, and the career path that led to her specialty. Any substantive topics can follow at a later time if there is interest by the students.

Ms. Ash, National Co-Chair of the Intellectual Property Practice at Katten Muchin Rosenman LLP, focuses her practice on all aspects of intellectual property law with a concentration in all facets of trademark and copyright law. Ms. Ash administers relationships in complex IP trust arrangements and develops and administers the worldwide licensing, exploitation, searching, clearance, registration and enforcement of trademarks, logos and domain names. Ms. Ash’s practice represents clients in the fashion and apparel, publishing, banking, financial services, and consumer electronics industries.

For information on Ms. Ash's practice, and her involvement in the legal side of the fashion click here.


Patents and Green Technology

Wednesday, March 3, 2010

The Institute for Information Law & Policy invites you to attend a discussion on patents and green technology. The need to “be green” is everywhere; from the market to the media, the technology used to promote environmental efficiency has gained international popularity. The green movement is main stream, as the public is inundated with advertisements full of hybrid or energy efficient products ranging from cars to light bulbs. But like any other new technology, these inventions also deserve the exclusive rights granted to inventors under patent law. The new administration has brought attention to this field by calling for greater developments in the areas of green energy and other environmental protections. It is evident that the need for these technologies is worldwide. Will all of this attention lead to an increase in respective patent applications?

Carl Horton, Chief IP Counsel for GE, will be speaking at an event surrounding the recent rise in interest of green technologies and how they fit in with patent protection. In the past 12 years Carl has led IP teams in over 10 countries throughout the world in protecting a wide range of products and services for GE ranging from diagnostic imaging equipment such as MRI, CT, PET & ultrasound equipment and related contrast agents, to hospital information technology systems and genomic/proteomic-based products, to circuit breakers and reliable power transmission systems, switches, drive systems, motors and a host of high temperature thermoplastic materials.


Liberating Legal Information: The Law.Gov Movement
A Panel Discussion with Carl Malamud, Helen Nissenbaum, and Nicholas Bramble

Wednesday, February 24, 2010

The IILP welcomed Internet pioneer Carl Malamud, President and Founder of Public.Resource.Org, to discuss the Law.Gov movement and it's opportunities for citizens to help change the way we distribute America's Operating System. He was joined by distinguished Information Law scholars Helen Nissenbaum and Nicholas Bramble.

In 2009, President Obama's Open Government Initiative led to the launch of Data.Gov, an online forum where the public may easily find, download, and use Federal agency datasets. Through Data.Gov, the administration seeks to expand creative use of the data and encourage innovation beyond the walls of government.

Law.Gov builds on the success of Data.Gov by documenting what is necessary to establish a distributed registry and repository of all United States legal materials. Public.Resource.Org is leading this revolutionary effort to collect briefs and opinions from the Judiciary; reports, hearings, and laws from the Legislative branch; and regulations, audits, grants, and other materials from the Executive.


Breast Cancer and Gene Patenting: More Than a Fight for Your Life?
Monday, February 22, 2010

The New York Law School (NYLS) chapter of the ACLU and the NYLS Institute for Information Law and Policy presented a screening of “In the Family” followed by a panel discussion about gene patenting.

"In the Family" was an award winning PBS documentary put a personalized face on the issues of gene patenting. The movie featured the film maker, Joanna Rudnick, who turned the lens on herself, when she received a positive genetic test result revealing she was at risk for breast cancer. The film traced her questioning the company who owns the gene patent about who controls the test, and her difficult decision about whether to have a mastectomy.
Panelists included:
Molly Beutz Land is an Associate Professor of Law at New York Law School whose current scholarship focuses on access to knowledge and the intersection of intellectual property, information law, and human rights.
Rochelle C. Dreyfuss is the Pauline Newman Professor of Law at New York University School of Law and a co-Director of the Engelberg Center on Innovation Law and Policy at NYU.
Sandra S. Park is a Staff Attorney in the ACLU Women’s Rights Project and is currently working on challenging the patents granted on two human genes associated with breast and ovarian cancer (the BRCA1 and BRCA2 genes).
Elsa Reich, M.S. is a genetic counselor, Professor of Pediatrics at the New York University School of Medicine, and plaintiff in the ACLU’s lawsuit.


Art & Media Law Panel

Thursday, February 18, 2010

INDUSTRY EXPERTS DISCUSS CURRENT ISSUES – FROM COPYRIGHT TO CULTURAL PROPERTY

PANELISTS:

Raymond J. Dowd, Esq.
Partner, Dunnington, Bartholow & Miller LLP
Intellectual Property, Copyright & Art Law – Licensing & Litigation

Cheryl Wickham, Esq.
Partner, MasurLaw
Entertainment, Film, TV & Copyright Law – Contract Negotiation & Licensing

Kacey Bayles
Exhibits Manager, Anne Frank House USA,
Author of NY Bar Association EASL Journal article, “Restructuring the Art
World: An Examination of Controversial Deaccessioning Practices . . .”

Quigley Bruning
Administrator, Sotheby's,
Expert in Cultural Property Protection, International Trade & Antiquities

Co-sponsored with NYLS Media, Entertainment & Sports Law Association (MESLA)


Business Method Patents: The Next Endangered Species?

Thursday, Feb. 4, 2010

The digital explosion resurrected business method patents, but they have recently been challenged in In re Bilski. Many criticize these patents as being obvious because they are simply old methods of doing business that are now being done on the Internet. Just how broadly should patentable subject matter be interpreted? Could the Supreme Court put an end to business method patents once and for all?

On Thursday, Feb. 4, Manny Schecter, Chief Patent Counsel at IBM, discussed the implications of the Supreme Court’s impending decision of In re Bilski and the state of business method patents. Mr. Schecter incorporated many of other areas of patent law into his presentation, allowing students to get a better grasp of everyday issues they may encounter as a patent attorney.


Reading Group: "The Digital Fourth Amendment: Privacy Expectations and the Cloud"

Tuesday, February 2, 1010

The Ninth Circuit’s decision in Quon v. Arch Wireless has “open[ed] a new frontier in Fourth Amendment jurisprudence that has been little explored.” 529 F.3d 892, 904 (2008). The court denied rehearing en banc, and on December 14, 2009, the Supreme Court granted cert. to resolve three separate Fourth Amendment questions. The Court did not certify a question on the Stored Communications Act issue. The case involves a police officer’s text messages on a department-issued pager and a battle between formal and informal department policies. While some have speculated that the court may limit its decision to the government employee context, the decision will likely affect private employers as well. Also, many think that clarity on the role of the Fourth Amendment and new communications technology is sorely needed. The third question certified by the Court, whether third parties have an expectation of privacy in text messages sent to government employees, raises some interesting issues with respect to state or federal FOIA and public disclosure laws in addition to the Fourth Amendment. Join us for a discussion of the case, the Fourth Amendment, the Stored Communications Act, and the role of third parties in protecting (or obliterating) our expectations of privacy. 


Fall 2009

Comprehensive Fashion Law Panel

Thursday, November 19, 2009

MESLA and the IILP co-hosted a discussion on a wide range of legal issues that arise in the course of business for fashion industry professionals, presented by a distinguished panel representing varied perspectives on fashion law, including authors of Fashion Law, the first comprehensive guide to this unique practice area.

Panelists included: Guillermo Jimenez, Esq., a Professor of Fashion Law at the Fashion Institute of Technology and co-author of Fashion Law (New York: Fairchild Conde Nast, 2009); Barbara Kolsun, Esq., the General Counsel and Vice President of Stuart Weitzman, LLC; David Faux, Esq., a practicing attorney in Intellectual Property, Entertainment, Art and Business/Commercial Law; Steven Gursky, Esq., a partner at Olshan, Grundman, Frome, Rosenzweig & Wolosky LLP; and Misha Tzar, a fashion designer and Adjunct Professor of Apparel Design at the Fashion Institute of Technology.

New York Law School Professor Dan Hunter moderated the panel.


IP Surprise!: Roller Derby

Thursday, November 12, 2009

IILP hosted its second IP Surprise series of the semester, "IP Surprise: Roller Derby." Guest lecturer Ms. Quinn Heraty '00 of Heraty Law PLLC discussed copyright issues relating to skater and league depictions in graphic novels and bout-related photography, the skaters' personal "branding" and the skater name registry, and league, team, and skater trademark issues.

About Ms. Heraty:
Quinn Heraty ’00 is Founder of Heraty Law PLLC, a law firm specializing in serving the needs of businesses and professionals in the entertainment, music, and fashion industries. She focuses her legal practice on negotiating deals, advising clients about business issues, and dealing with trademark, copyright, licensing, and other intellectual property matters. Ms. Heraty’s clients include designers, writers, producers, musicians, record labels, roller derby leagues, apparel companies, artist management companies, filmmakers, actors, comedians, composers, bloggers, jewelers, music licensing companies, skateboard companies, photographers, theaters, publishing companies, PR/marketing firms, graffiti artists, and many more.


Guest Speaker Fred Benenson, Product Manager at Creative Commons

Monday, November 5, 2009

While studying philosophy and computer science, Fred co-founded the Free Culture @ NYU chapter ofStudents for Free Culture, an international student movement focused on copyright reform, technology advocacy, and digital activism. In April 2008 Fred launched his thesis for his masters at NYU’s Interactive Telecommunications Program named Cause Caller; a web service designed to help citizens organize virtual phone banks using VoIP-based telephony and a semantic media wiki. He is currently employed as Creative Commons' Product Manager, developing products and doing outreach for the organization’s licenses and projects. In early 2009 Fred began working as an honorary research associate at Eyebeam in collaboration with senior resident Michael Mandiberg to curate contemporary art into the commons. During the fall of 2009, Fred began teaching as an adjunct instructor at NYU’s department of Media, Culture and Communication. This semester he is teaching “Copyright, Commerce and Culture". Fred is based out of New York City and spends his spare time with the Rubik’s cube, his girlfriend, and cameras.

Read more: http://fredbenenson.com/blog/about/#ixzz0QX5vVmQw, Under Creative Commons License:Attribution


William Patry discussed his new book, Moral Panics and the Copyright Wars

Monday, November 2, 2009

Metaphors, moral panics, folk devils, predictable irrationality, and free market fundamentalism are just some of the topics William Patry will be discussing, along with his new book, Moral Panics and the Copyright Wars, at a luncheon event at NYLS.
In Moral Panics and the Copyright Wars, William Patry lays bare how we got to where we are: a bloated, punitive legal regime that has strayed far from its modest, but important roots. Patry demonstrates how copyright is a utilitarian government program--not a property or moral right. As a government program, copyright must be regulated and held accountable to ensure it is serving its public purpose.

A centrist and believer in appropriately balanced copyright laws, Patry concludes that calls for strong copyright laws, just like calls for weak copyright laws, miss the point entirely: the only laws we need are effective laws, laws that further the purpose of encouraging the creation of new works and learning. Our current regime, unfortunately, creates too many bad incentives, leading to bad conduct. Just as President Obama has called for re-tooling and re-imagining the auto industry, Patry calls for a remaking of our copyright laws so that they may once again be respected.


Innovation and Entrepreneurship in the Information Industry

Friday, October 23, 2009

A conference, titled Innovation and Entrepreneurship in the Information Industry, took place on Friday, October 23, 2009 at NYLS. The conference brought together entrepreneurs, investors, researchers, information managers and university technology transfer officers for a daylong exploration of the information industry today, and information needs of tomorrow. Entrepreneurship issues as they apply to the information industry were explored.

Speakers included Clay Shirky, Professor, New York University, author of "Here Comes Everybody," Owen Davis, Managing Director, NYC Seed, Edward Reinfurt, Executive Director, NYSTAR, Jim Kollegger, Genesys Partners, Vincent Tomaselli, Deputy Director, Columbia Center for Advanced Information Management, Daniel Shutzer, President, Financial Services Technology Consortium, and Dr. Steven Neiman, Executive Director at JPMorgan Chase.

The conference was sponsored by NYSTAR and is being coordinated by the NYS Science and Technology Law Center at Syracuse University Law School and the Institute for Information Law & Policy and the Center for Business Law and Policy, both at NYLS. 

Streaming Video Available! Please click the name of each panel for archived video.

Welcome and Introduction and Keynote Address

Welcome and Introduction: Ted Hagelin, Crandall Melvin Professor of Law; Director, NYS Science & Technology Law Center, Syracuse University College of Law

Keynote Address: Clay Shirky, Professor, NYU Interactive Telecommunications Program

Launching IT Startups

Calvin Chu, Columbia Technology Ventures
Lee McKnight, Founder, CTO, Board of Directors, Wireless Grids Corp.
Sam Lessin, CEO, drop.io

Moderator: Richard Newman, Adj. Prof., Syracuse University College of Law

Financing IT Startups

Owen Davis, Managing Director, NYC Seed
Marcene Sonneborn, Pres., Innovation Management Consulting; SBIR Specialist Jim Kollegger, Chairman, CEO, Genesys Partners

Moderator: Jerrold Spiegel, Frankfurt Kumit Klein & Selz PC

Industry IT Needs of Tomorrow

Financial Services:

Daniel Schutzer, President, Financial Services Technology Consortium
Steven Neiman, Executive Director, VP, High Performance Computing, JPMorgan Chase

Medical Services:

Dr. G. Randall Green, St. Joseph’s Hospital, Syracuse, NY
David Lysack, President, C Speed, Liverpool, NY

Moderator: Houman Shadab, Professor of Law, New York Law School

Current State of IT R&D and Conference Close

Current State of IT R&D

Daniel Shutzer, President, Financial Services Technology Consortium
Vincent Tomaselli, Deputy Director, Columbia Center for Advanced Information Management

Moderator: Dan Hunter, Professor of Law, New York Law School

Conference Close

Dan Hunter, Professor of Law; Director, Institute for Information Law & Policy, New York Law School

Conference Agenda


IP Surprise!: Luxury Brands & Trademark Enforcement

Thursday, October 1, 2009

Joseph Gioconda, partner at DLA Piper, will speak about his role representing Hermes and other luxury brands at "IP Surprise: Luxury Brands & Trademark Enforcement" this evening, October 1st at 6:00 PM in room C400. Mr. Gioconda focuses his practice on litigating and counseling in the areas of anticounterfeiting, trademarks and trade dress, domain name protection, copyrights, unfair competition and false advertising.


Patently Professional

Thursday, September 24, 2009

Recent times have witnessed an explosion in the field of patent law. New developments in the law generate a constant need for lawyers with specialized backgrounds, both in the Patent and Trademark Office and in private and corporate practice. Even when other markets for the services of lawyers are affected by recession, the demand for patent attorneys typically remains high. As long as people invent or create, there is a need for intellectual property lawyers to protect and enforce intellectual property rights.

This panel featured New York Law School alumni currently working in the field of patent law. Students engaged in discussion with panelists regarding their current employment and the different paths they took to get there.


Introduction to Fashion Law Lecture with Professor Dan Hunter

Thursday, September 3, 2009

Do the letters DVF mean anything to you? Can you distinguish interlocking C's from interlocking G's? Why do some designers début their work in Paris and not in New York? Fashion may appear to be all labels and luxury, but there is a plethora of legal opportunities in fashion and numerous intellectual property questions in the fashion industry. The Institute for Information Law & Policy presents Fashionably Law: IP and Industry - an event series focused on the legal environment of the fashion business, the legal controversies in fashion, and the way that you can break into the industry.

Fashion Law is an emerging field within Intellectual Property, and the prevalence of cases involving the fashion industry is no passing trend. Copyright, trademark, and even patents each play a role in fashion law, but the field is too dynamic to group in just those labels. Current legislation regarding expanded design protection may change not just the fashion industry, but Intellectual Property as whole. On Thursday, September 3rd, 2009, Professor Dan Hunter gave a lecture explaining exactly what fashion law is, what the current legal trends within the fashion industry are, and what roles attorneys play in the business.


Spring 2009

What is the greatest principle in advertising law? Puffery! with Anthony diFrancesca (’05)

Wednesday, April 22, 2009

Anthony diFrancesca looked at the greatest principle in advertising law: puffery. diFrancesca is an editor in ABC Television’s department of Broadcast Standards & Practices. He primarily is responsible for the clearance of commercials in several key categories including financial products and institutions, alcoholic beverages, hospitals and schools, petroleum products and energy companies, and paper products. Anthony also serves on ABCs Challenge Team which is ABC’s internal review process for competitive challenges to advertising on the network.

To download slides from Mr. diFrancesca's presentation click here.


The Future of Intellectual Property in a Digitized, Globalized World and Prospects for Reform at Home with Todd Dickinson

Tuesday, April 14, 2009

Todd Dickinson is the Executive Director of the American Intellectual Property Law Association, a bar association of over 16,000 members and one of the worlds leading policy and advocacy organizations in the field of intellectual property. He has over 30 years of experience in all aspects of intellectual property. He previously served as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office under President Clinton. Mr. Dickinson has been both Vice President and Chief Intellectual Property Counsel for the General Electric Company, where he had corporate-wide responsibility for intellectual property matters. He was also a partner in the Howery law firm, where he was Co-Chair of its intellectual property practice.

Mr. Dickinson has written and spoken extensively on intellectual property issues, and has testified before Congress, the Federal Trade Commission, and the National Academy of Sciences on intellectual property administration and policy.

Mr. Q. Todd Dickinson was previously Vice-Chair of the Intellectual Property Law Section of the American Bar Association and on the Executive Committee of the Intellectual Property Owners Association. He has been named as one of the “50 Most Influential People in Intellectual Property” three times by Managing Intellectual Property Magazine.

Mr. Dickinson earned his B.S. from Allegheny College in 1974 and his J.D. from the University of Pittsburgh in 1977. He is admitted to the bars of the District of Columbia, Pennsylvania, Illinois, and California, US Patent and Trademark Office, and the Court of Appeals for the Federal Circuit.


Trademark Law in the Entertainment Industry with Edward T. Colbert

Thursday, April 2, 2009

In this 75 minute program, IP lawyer Edward Colbert presented an overview of trademark essentials for the entertainment law practitioner. Topics included: How trademark protection attaches to goods and services – and when it doesn’t; How marks should be cleared prior to use; How to distinguish a strong mark from a weak one; The key elements in a successful trademark registration; How “trade dress” and URLs fit in the mix; and the means by which trademark rights are protected – and lost. Mr. Colbert, a partner at Kenyon & Kenyon, has over 30 years of experience in domestic and international trademark licensing and litigation. Among his other accomplishments, he participated in the creation o the US Olympic Committee licensing program and has been involved in licensing and enforcement of Olympic marketing rights. A frequent lecturer and writer, Mr. Colbert is head of Kenyon & Kenyon’s Trademark and Copyright Practice Group in Washington, D.C.


The Updated Facebook Policy: Who owns your posted information?

Monday, March 30, 2009

Martin Schwimmer, Schwimmer, Moses & Singer LLP, spoke about the legal issues surrounding the updated Facebook policy and how the new policy could impact Facebook users. Martin Schwimmer is a partner in Moses & Singer's Intellectual Property practice, representing Fortune 500 companies as well as social media start-ups. His practice is concentrated in the area of U.S. and international copyright, trademark law and domain name counseling, prosecution and litigation. Managing Intellectual Property magazine identified Mr. Schwimmer as one of the best trademark lawyers in the United States. He also publishes "The Trademark Blog" (www.schwimmerlegal.com), widely recognized as a leading source of trademark news and case analysis, which was listed on the ABA Journal's "Blawg 100" for 2007.

To view the video from this event, click here.


IP SURPRISE!: Video Game Development a presentation by Jim Charne

Tuesday, March 17, 2009

Jim writes "Famous Last Words," a monthly column on legal and contracting issues for developers found on the web at www.igda.org. He is a Santa Monica, CA-based lawyer who has provided legal representation for clients in all aspects of computer and video game entertainment since the mid-1980's.


Book Party for David Post to Celebrate the Publication of his book - In Search of Jefferson's Moose: Notes on the State of Cyberspace

Wednesday, March 11, 2009

Who governs the Internet, and how? What kind of law does it have, what kind of law should it have, and who will make the law? David Post discussed these questions and more, as well as his new book, In Search of Jefferson's Moose: Notes on the State of Cyberspce (Oxford 2009), which looks at these questions through Jefferson's eyes - recreating Jefferson's encyclopedia of the New World from Notes on the State of Virginia (1786) - but this time for cyberspace.


Advertising and Games: Emerging Issues

Thursday, February 5, 2009

Co-sponsored by the NY State Bar. Panelists included Greg Boyd, NYLS and Davis & Gilbert LLP; Sean Kane, Drakeford & Kane, LLC; Maria Mandel, Ogilvy & Mather; Adam Sultan, Majesco Entertainment. Greg Boyd moderated the panel.


Lawyering and Legal Profession 2.0

Tuesday, February 3, 2009

The Center for Professional Values and Practice and the Institute for Information Law and Policy presented Lawyering and Legal Profession 2.0. Mr. Paul Lippe, CEO, Legal OnRamp, spoke about how social networking will change law practice.


Fall 2008

Is Facebook Fair Game?

Thursday, November 13, 2008

Professor James Grimmelmann discussed how privacy law applies to Facebook - and how Facebook might affect privacy law. A program in Law and Journalism event, moderated by Professor Brandt Goldstein.


Common Ground in a Digital Music World: Strategies that Work for Everyone

Wednesday, November 12, 2008

This two part panel discussion analyzed current issues affecting both artists and online businesses operating across the digital music world. Panelists will look at the current state of affairs, the interests of all participants, and the inevitable overlap. Discussion centered around licensing, filesharing, deal structures, and artist development. Panelists include David Rappaport, Davis Shapiro; Steve Masur, Masur Law; Dave Mazur, Masur Law; Adam Shore, The Daily Swarm; Adam Farrell, Beggars Group; Tres Williams, Thumbplay; David Kravets, Wired Magazine; Craig Averill, Serling, Rooks & Ferrara, LLP.

To view the video from this event, click here.


Game Theory Play Money: Introducing the New York Game Scene

Friday, November 7, 2008

Professor Grimmelmann was a panelist at this two part panel discussion that brought together academics and professionals who define New York City as a place to work, study, and play games. Hosted by the Columbia Institute for Tele-Information, Columbia Business School, and DiGRA NY, the event explores the uniqe challenges and opportunities that the Tri-State presents to contemporary gaming.


E-Discovery: Career Paths in the Technology of Law

Wednesday, November 5, 2008

The ins and outs of conducting e-discovery were provided, and professors detailed the Certificate of Mastery in Law Practice. Michael Dalewitz, Senior Managing Partner at Peak Discovery, Inc, and NYLS alum, was our guest speaker.


Patent Law Lecture: Business Method Patents:The Effects of In Re Bilski

Tuesday, October 21, 2008

Jeffrey S. Dickey, a member of our Alumni Advisory Board lead the discussion. For those of you unfamiliar with the case or its potential ramifications on business method patents, you can read up on the subject at http://www.patentlyo.com/patent/2008/02/bilski-full-caf.html.


Considering Alternative Career Paths: Combining Legal Training and Experience with Technology Skills

Thursday, October 16, 2008

A one hour program featuring discussion of how to combine law and knowledge management, as well as alternative career paths. Guest Speaker Alan J. Rothman, Project Manager of Cleary Gottlieb Steen & Hamilton LLP's Knowledge Management Department. Audio available HERE.


IP Surprise!: From Reservation to Check Out - Intellectual Property in the Hotel Industry

Tuesday, October 14, 2008

Lisa Cantos, Vice President & Associate General Counsel of Starwood Hotels & Resorts Worldwide, Inc., will discuss the importance of brand management and information technology in the hospitality industry. Ms. Cantos has worked at Starwood 2004, and supports Starwood’s information technology, web, and interactive marketing groups along with Starwood’s nine hotel brands and the Starwood Preferred Guest loyalty program.


E-Discovery: Career Paths in the Technology of Law

Wednesday, September 24, 2008

The ins and outs of e-discovery practice were provided, along with info on the NYLS Certificate of Mastery in Law Practice. Featured Guest Speaker David Boyhan, Director of Electronic Discovery and Case Logistics at Merrill Lynch.


Spring 2008

Trademark Clearance: The First Step

Monday, April 14, 2008

Joyce Creidy, Esq., Account Manager for CompuMark Global Trademark Solutions, hosted a one-hour clinic on the first steps of a proper trademark clearance, a requisite part of the due diligence an attorney should undertake before advising their client as to using a mark in the global economy. This extremely practice-oriented clinic taught students how to investigate usability of a mark, a must for any students considering a career in trademark law.


IP Surprise!: Protecting Intellectual property Without Law in the Magic Industry

Thursday, April 10, 2008

A discussion with Jacob Loshin, Law Clerk for the United States Court of Appeals for the Fifth Circuit and author of Secrets Revealed: How Magicians Protect Intellectual Property without Law, discussed the challenges magicians face in protecting the intellectual property in their illusions and the creative ways in which the magic community has adapted to this challenge.


Intellectual Property Rights in Sports Statistics

Thursday, April 10, 2008

Major League Baseball has requested certiorari to the U.S. Supreme Court to overturn the Eighth Circuit ruling that the First Amendment protects use of player names and statistics in fantasy sports leagues. Adjunct Professor Marc Edelman, an Associate in the Sports & Entertainment Practice Group at Dewey & LeBoeuf LLP, analyzed the need to find a balance between state-law publicity rights and first amendment interests in the context of sports statistics and this dispute.


IP Surprise!: Comic Books, Characters and the Law

Thursday, April 3, 2008

Deputy General Counsel for DC Comics & MAD Magazine Jay Kogan examined intellectual property protection afforded to fictional characters. In addition, he will discuss how comic book publishers and creators can seek to protect their own rights and avoid violating the rights of third parties. Kogan also explored some of the newest intellectual property challenges facing comic book publishers today.


The State of the U.S. Patent System: The Need for Balance

Monday, March 31, 2008

Intellectual Property will become one of the key geopolitical issues of the 21st century. Corporate perspectives in patent law practice have already begun to shift from protecting IP to maximizing intellectual capital. Guest lecturer Manny Schecter, Associate General Counsel of Intellectual Property Law at IBM, examined and discussed the impact of an imbalanced patent system on corporate practice and how the pending Patent Reform Act may shape these corporate perspectives.


IP Surprise!: Cutting-Edge Developments: Intellectual Property and Fashion Design

Tuesday, March 25, 2008

Susan Scafidi, Visiting Associate Professor of Law at Fordham Law School and author of the weblog Counterfeit Chic, discussed the increasing importance of intellectual property in the fashion world, trademark protection for designers, and the debate over copyright protection for fashion designs.


Symposium on Intellectual Property Licensing

Friday, March 14, 2008

The IILP's annual symposium, offering a lecture from each of the adjunct professors teaching Intellectual Property Licensing at NYLS this semester. This symposium included discussions of licensing literary works for film adaptation with Jonathan Reichman, Partner at Kenyon & Kenyon; print media and the challenges of digitalization with Kay Murray.


IP Surprise!: Intellectual Property from Tee to Green - Applying the Art of Law to the Business of Golf

Monday, March 10, 2008

James H. Schnare II, General Counsel for Nicklaus Companies, LLC, discussed with guests the relevance of intellectual property to the golf industry, from celebrity lifestyle and marketing to protection of golf courses. This lecture was co-sponsored by the Center for Real Estate Studies at New York Law School.


IP Surprise!: Patents in the Videogame Industry

Tuesday, February 26, 2008

Dr. S. Gregory Boyd, Intellectual Property and New Media Associate at Davis & Gilbert LLP, joined us to discuss the steady rise of inventors and development companies seeking patent protection for ideas and inventions in the field of interactive media such as video games and virtual worlds.


Summer 2007

State of Play V: Building the Global Metaverse

August, 19-22, 2007

This pioneering global conference on virtual worlds invited experts across disciplines to discuss the future of cyberspace and the impact of these new immersive, social online environments on education, law, politics and society. The hallmark of the conference is its multi-disciplinary perspective.


Spring 2006

State of Play IV: Terra Nova Symposium

Thursday, January 12, 2006

Virtual Worlds and Massively Multiplayer Online Games are hugely popular, they are huge business, and they are hugely hyped. Nowadays, most people have heard about these strange worlds, many millions of them play in them or hang out in them, and it’s hard not to be exposed to endless news/magazine stories about them. This conference took stock of virtual world research, and asked “How did we get here?” and “Where now?”


Fall 2005

State of Play III: Social Revolutions

October 6-8, 2005

State of Play III: Social Revolutions was the third annual State of Play conference on the future of cyberspace. It focused on social relationships in the metaverse and how to build vibrant, flourishing, creative places.


AAI Invitational Roundtable on Complexity, Networks and the Modernization of Antitrust with Professor Rudolph J.R. Peritz

Monday, September 19, 2005

One perspective for understanding competition that has garnered increased attention by those in antitrust is the field of science known as “complexity science.” The science of complexity attempts to describe and explain how systems and their occupants, including industries and firms, evolve and compete against one another over time through adaptation, co-evolution and other dynamic processes.


Lunch Colloquia

Fall 2005

Every week the research fellows of the Institute and other members of the NYLS community gathered for learning lunches to discuss recent developments in intellectual property, technology, information and related areas of law.


Fall 2004

State of Play II: Reloaded

October 28-30, 2004

State of Play II continued the conversation begun the previous year by focussing on the role of intellectual property and governance within virtual worlds. Examining the role that intellectual property protections can or should play in these synthetic places and the possibilities for using virtual spaces to promote democracy and self-governance.


Fall 2003

State of Play: Law, Games and Virtual Worlds

November 13-15, 2003

State of Play was the first interdisciplinary conference to examine and explore the phenomenon of online games and virtual worlds in an effort to understand the phenomenon and discuss the complex social, psychological, and legal issues which arise therefrom.