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Publishing

Representing companies in the publishing field requires a broad knowledge of copyright, trademark, First Amendment, right of privacy, right of publicity, defamation, libel, and related areas as well as the ability to react quickly to handle marketplace needs. Fross Zelnick lawyers use their experience in these areas to provide all manner of services to clients in the publishing field, including legal clearance reads, publishing agreements, chain of title reviews and branding, as well as litigation and dispute resolution in all of these areas.

Providing top-notch legal service in the world of publishing encompasses both depth of knowledge and the ability to convey advice quickly to ensure that sound counsel does not come at the expense of meeting deadlines.  Fross Zelnick’s lawyers know this well and, combined with our willingness to give directed advice instead of simply providing information about risks and options, allows us to give clients in the world of publishing the critical counselling they need when they need it.

Strengths that Matter to our Clients:

  • Deep experience in all areas and disciplines related to publishing law
  • Responsiveness and efficient approach to service necessary to meet time-sensitive needs to clients
  • Unparalleled understanding of termination provisions of 1976 Copyright Act and its interaction with 1909 Copyright Act

Decisions

  • January 9, 2009

    The firm was part of the defense team for clients Time Warner Inc., Warner Communications, Inc., Warner Bros. Entertainment Inc., Warner Bros. Television Production Inc. and DC Comics in the ongoing litigation in the U.S. District Court for the Central District of California over the copyright termination interest in certain works featuring the Superman and Superboy characters allegedly owned by the heirs of co-creator,More

  • January 9, 2006

    430 F.3d 1036 (9th Cir. 2005), cert. denied, 126 S. Ct. 2969 (2006)

    In the first judicial treatment of the new termination right enacted in the U.S. Copyright Term Extension Act of 1998, 17 U.S.C. § 304 (d), the U.S. Court of Appeals for the Ninth Circuit affirmed the District Court’s decision rejecting an attempt by Disney and Clare Milne to cut off client Stephen Slesinger,More

  • January 1, 1988

    501 F.Supp. 848 (S.D.N.Y. 1986), aff’d 723 F.2d 195 (2d Cir. 1983), reversed and remanded, 471 US. 539 (1988)

    The Nation magazine, without authorization, had copied portions of former President Gerald Ford’s unpublished memoirs. In this landmark case involving the fair use doctrine,More

  • January 1, 2004

    342 F.3d 149 (2d. Cir. 2003), cert denied, 72 U.S.L.W. 3465, 3589, 3598 (2004)

    The U.S. Court of Appeals for the Second Circuit affirmed the trial decision in favor of Edgar Rice Burroughs, Inc., owner of all existing rights in the Tarzan character,More

  • January 1, 1989

    868 F.2d 1313 (2d Cir.), cert. denied, 493 US 883 (1989)

    We established the point that defendant’s joint authorship with plaintiff of an underlying medical work did not entitle him to claim copyright co-ownership or fair use of the material newly added by plaintiff to derivative work based on the co-authored underlying work where the defendant had not participated in preparing the new material to update the original work.More

Representative Experience

  • Representative clients include individual authors as well as publishers, such as the American Society of Composers, Authors and Publishers (ASCAP), Edgar Rice Burroughs (Tarzan creator), Forbes, Kaplan, Inc., and Kensington Publishing Corp.
  • Regularly conduct libel reads for publisher of non-fiction books

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