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NY Chapter 12/3/15 Course Materials


Two years ago, with the 35
th anniversary of the 1976 Copyright Act heralding the first terminations of post-1978 grants, all eyes were on terminations under Section 203 of the Act.  Since then, litigation has erupted over the propriety of the termination notices, disputes about ownership, and whether the copyrights in question were works-made-for-hire; still other termination requests have been handled behind the scenes.  Today, the lawsuits are just beginning to bear fruit, clarifying the landscape for some, as well as providing valuable lessons for others.  This panel of experts, who have been on the front lines of the termination rights issue, will provide an update on the current landscape involving pre- and post-'78 termination notices, illuminate the legal trends and how they affect various copyright-based industries, and forecast what is still left to come.

The Copyright Society of the USA is a New York State CLE Approved Provider. 
This course will provide 1 CLE credit.

  1. Opinion, Baldwin v. EMI Feist Catalog, Inc., 2015 WL 5853739 (2d Cir. Oct. 8, 2015)*

  2. Opinion, Classic Media, Inc. v. Mewborn, 532 F.3d 978 (9th Cir. 2008)

  3. Opinion, Milne ex rel. Coyne v. Stephen Slesinger, Inc., 430 F.3d 1036 (9th Cir. 2005)

  4. Opinion, Penguin Group (USA) Inc. v. Steinbeck, 537 F.3d 193 (2d Cir. 2008)

  5. Opinion, The Ray Charles Found. v. Robinson (9th Cir. July 31, 2015)*

  6. Order Granting Attorneys’ Fees, Scorpio Music (Black Scorpio) S.A. v. Willis (S.D.Cal.)

  7. Order Denying Partial Summary Judgment, Scorpio Music (Black Scorpio) S.A. v. Willis (S.D.Cal.)

  8. Article, Brian D. Caplan, Navigating U.S. Copyright Termination Rights*

    *Printed copies will be provided


    June M. Besek (Moderator) is the Executive Director of the Kernochan Center for Law, Media and the Arts at Columbia Law School in New York, where her research and teaching focus on copyright and related rights.  She currently serves on Council for the American Bar Association’s Intellectual Property Law Section, and is a former chair of the Section’s Copyright Division and the Copyright Reform Task Force. She serves on the editorial board of the Journal of the Copyright Society of the U.S.A. and the board of advisors of theColumbia Journal of Law & the Arts. She is also a member of the board of Volunteer Lawyers for the Arts, New York. Ms. Besek is the author of many articles and studies on copyright law issues. She earned her law degree from New York University School of Law and her undergraduate degree, in economics, from Yale University.

    Brian D. Caplan has more than 30 years’ experience litigating a broad range of entertainment, intellectual property and commercial matters. He is a partner in the New York City law firm of Reitler Kailas & Rosenblatt LLC. His clients have included recording artists and producers, publishing companies, record labels, personal managers, business management, accounting firms, professional athletes, and dealers in fine art. In addition to contractual disputes,
    defamation cases and the prosecution and defense of copyright and trademark infringement actions, Mr. Caplan has represented clients in a broad range of disputes relating to partnerships and closely held corporations, as well as employment matters. Mr. Caplan is frequently called upon to speak at seminars conducted in the United States and
    abroad and at select universities with respect to intellectual property matters and the dynamics of the entertainment industry. He is an annual Lecturer before the North American Entertainment & Sports Law Symposium and has lectured as an authority on United States copyright law before the International Association of Entertainment Lawyers annual Midem conference in Cannes, France, as well as the Copyright Society of the USA and the American Bar Association.


    Alex Gigante is currently Special Counsel to Cowan DeBaets Abrahams & Sheppard LLP.  Before joining Cowan DeBaets, he was the General Counsel of Penguin Group (USA) for 17 years.  Altogether, Mr. Gigante has more than 40 years experience as a practicing attorney and litigator, with particular expertise in book-publishing and IP matters.


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