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Fross Zelnick Lehrman & Zissu, P.C.

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    Sahil YadavJames D. SilbersteinTommas BalducciMaritza C. SchaefferLeo KittayLaura Popp-RosenbergDavid A. DonahueAndrew N. FredbeckJason D. JonesTodd MartinJoyce M. FerraroSherri N. DuitzTamar Niv BessingerSusan Upton DouglassCraig S. MendeStephen BiggerLawrence Eli ApolzonRobert A. BeckerNancy E. SabarraLydia T. GobenaAmanda B. AgatiRonald J. LehrmanPeter SilvermanRobin N. BaydurcanKatherine Lyon DaytonJanet L. HoffmanJoseph A. R. GerberDavid W. EhrlichDaniel M. NuzzaciSydney KipenJessica VosgerchianRobin L. WarrenNadine H. JacobsonRoxana MonemdjouCharles T.J. Weigell, IIIAshford TuckerCara A. BoyleBarbara A. SolomonNancy DiConzaAlejandra Camacho LunaJames D. WeinbergerMichael AntonucciJohn P. MargiottaRichard Z. LehvKaren LimRoger L. ZissuJulia BelagorudskyAllison Strickland RickettsCarlos Cucurella
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Copyright & Content

Our extensive experience with copyrights and content – both in the U.S. and internationally – includes counseling, registration, enforcement, and defense, as well as statutory termination.

We work with clients on matters relating to copyright licensing and assignment, analysis of work-for-hire issues, and securing copyright registrations, including appeals of rejections issued by the U.S. Copyright Office. With the proliferation of content throughout social media, we handle a growing number of privacy and right of publicity matters arising in this area.

Strengths that Matter to our Clients

Counseling (including termination)  We counsel clients on all copyright matters and on securing copyright registrations, as well as services agreements, whether they be with individuals or firms tasked with producing creative material, advertising agencies, or internet marketing agencies.  We also negotiate and draft license and other agreements relating to copyrights and content. Our deep experience in crafting proper idea submission, copyright work for hire, and trademark assignment provisions informs our approach and ensures that the given contract meets the situation in an appropriate manner.

Registration We advise clients on copyright registration strategies and are familiar with the revised Compendium as applied to copyright filing practice. Although applicants receive more rejections of their copyright filings under the new rules, we have secured a substantial number of reversals on appeal.

Enforcement and Defense We are quick to act on behalf of clients whose products, websites, brochures, and even insurance policy texts are copied without authorization.  Working with clients in diverse industries, including jewelry designers, insurance companies, automobile makers, and others, we have an impressive record of successfully resolving disputes through negotiation, but are always willing to pursue other strategies, if necessary.

Litigation We are renowned for our success in winning significant cases involving Batman, Superman, Winnie the Pooh, and others when litigation is necessary. For example, one of our partners represented the plaintiff in the seminal copyright fair use case Harper & Row v. Nation Enterprises in the 1980s, and we have more recently won significant cases involving the Good Luck Troll (the fuzzy-haired doll whose copyright was restored from the public domain) and the cartoon Rugrats. More information about our litigation practice can be found here.

Decisions

  • DC Comics v. Towle

    January 8, 2016

    802 F.3d 1012 (9th Cir. 2015), cert. denied, 136 S.Ct. 1390 (2016)

    On behalf of client DC Comics, the Firm prevailed in a decision by the U.S. Court of Appeals for the Ninth Circuit holding that the Batmobile, Batman’s famous car, was subject to copyright protection as a character.More

  • Frida Kahlo Corporation v. Tupperware Corporation

    March 31, 2014

    Case No. 13-21039 (S.D. Fla. Mar. 31, 2014)

    The court granted the Firm’s motion to dismiss the case, based on lack of subject matter jurisdiction, because the allegedly infringing acts occurred in Mexico and other Central and South American countries. The court held that foreign websites that can be seen in Florida were not sufficient to give the court subject matter jurisdiction,More

  • Regulatory Fundamentals Grp. LLC v. Governance Risk Mgmt. Compliance, LLC

    February 3, 2014

    No. 13 CIV. 2493 KBF, 2014 WL 1317301 (S.D.N.Y. Feb. 3, 2014)

    On behalf of Plaintiff Regulatory Fundamentals Group LLC (“RFG”), we and our co-counsel defeated the Defendants’ motion for summary judgment seeking dismissal of RFG’s copyright infringement and copyright management information claims based on Defendants’ use of RFG’s copyrighted works beyond the terms of a limited copyright license.More

  • Fooey v. Gap

    May 17, 2013

    No. 12 C 5713, 2013 WL 2237515 (N.D. Ill. May 17, 2013)

    On behalf of Gap, Inc., successfully obtained dismissal of a copyright action brought by clothing retailer Fooey Inc. in the U.S. District Court for the Northern District of Illinois. On Gap’s motion to dismiss under Fed.More

  • Jackson v. Booker

    July 27, 2011

    No. 2:10-cv-05371-JLL-CCC, 2011 WL 3236062 (D.N.J. July 27, 2011), aff’d, 465 Fed.Appx. 163 (3d Cir. 2012)

    The firm successfully defended our clients, who include Sundance Channel, Mayor Cory A. Booker and the documentary producers, Marc Benjamin and Marc Levin, against a copyright infringement action brought by author,More

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Newsroom

  • Second Circuit Court of Appeals: Copyright Fair Use – “Transformative” Revisited: Has The Second Circuit Gone Too Far?

    June 1, 2018

    Fox News Network, LLC v. TVEyes, Inc., 883 F.3d 169 (2d Cir. 2018)

    In the United States, federal Courts of Appeals’ decisions are rendered by three judge panels unless a panel decision is reviewed and decided en banc,More

  • Fross Zelnick Again Tops Chambers USA Rankings

    April 25, 2019

    Chambers and Partners again ranks Fross Zelnick in Band 1 for Intellectual Property: Trademark, Copyright & Trade Secrets in their USA – Nationwide and New York listings for 2019. In New York, Susan Upton Douglass was ranked in Band 3,More

  • WIPR Leaders Includes Four Fross Zelnick Lawyers

    February 6, 2020

    David Donahue, James Weinberger, Richard Lehv and Roger Zissu were listed in World IP Review‘s WIPR Leaders. They were noted for their trademark and copyright-related work in areas including music,More

  • European Union: Making Available And Managing Online Sharing Platform Is “Communication To The Public

    September 7, 2017

    Stichting Brein v. Ziggo BV, XS4ALL Internet BV, Case C-610/15, Judgment of 14 June 2017 (Court of Justice of the European Union)

    In June 2017, the Court of Justice of the European Union handed down a major decision ordering certain Dutch Internet access providers to block access to the well-known file-sharing platform The Pirate Bay. More

  • CLE: Reviewing 2019’s Big Decisions

    January 30, 2020

    As part of Fross Zelnick’s quarterly CLE series, the firm welcomed clients and friends of the firm as James Weinberger and Sean Harb presented a review of 2019’s big trademark and copyright decisions while also previewing a significant decision expected in 2020.More

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  • Leo Kittay

    Partner

  • Craig S. Mende

    Partner

  • Nadine H. Jacobson

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    Partner

  • Tamar Niv Bessinger

    Partner

  • David A. Donahue

    Partner

  • Barbara A. Solomon

    Partner

  • Lydia T. Gobena

    Partner

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Fross Zelnick Lehrman & Zissu, P.C.
Fross Zelnick Lehrman & Zissu, P.C.
151 West 42nd St., 17th Fl.
New York, NY 10036

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