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Select Topics in IP Law
SKU: IP2000
General Credits
4.5
Price$175
- Online Access
- Smartphone
- iPad/iPod/Tablets
- CDs/DVDs
Part 1:
Rick Kurnit, a noted expert in Advertising and Media Law, IP and First Amendment cases, provides a guided tour of today’s most relevant privacy issues. This course reviews the development of rights of publicity and privacy, as well as how changes in technology and in the marketplace affect how companies disseminate information today. Topics covered include, what is commercial use, First Amendment claims (parody) Lanham Act and much more.
Part 2:
Most lawyers enter contract negotiations aspiring to achieve a fully signed agreement containing all material terms. But many business relationships – particularly in the media and entertainment world – proceed in the absence of fully signed agreements. Why do sophisticated industry people use short-form and unsigned long-form agreements? Do these agreements create binding contractual obligations? What tests do courts use to answer this question? And what risks do the parties take? Frankfurt Kurnit founding partner Tom Selz provides an important refresher course on fundamental principles that underlie our transactional work. Topics include: • A review of common short form documents and oral agreements • Deciphering the parties’ intent to be bound (or not to be bound) • Identifying “material” terms • Scope of the obligation to negotiate in good faith • Effect of partial performance • Promissory Estoppel, Quantum Meruit, and other “alternative” contract theories • Special considerations in pitch situations • Drafting tips •
Part 3:
Thanks to the proliferation of digital filmmaking, people from all walks of life are now making independent movies. Taught by attorney and author Thomas A. Crowell, this lecture will help you to issue-spot many of the problem areas faced by independent filmmakers and to negotiate key contract provisions required to protect your client’s film property. Topics discussed include: the lifecycle of a movie, literary option agreements, rights of publicity, location releases, actor agreements, music licensing, intellectual property on the set, and more.
Rick Kurnit, Esq.
Rick Kurnit was named Best Lawyers’ 2011 New York Media Lawyer of the Year. He is ranked by Chambers USA as one of two star individuals nationwide in Advertising law; praised as a “leading lawyer” in Marketing and Advertising by The Legal 500; and selected in Best Lawyers in America’s annual survey in four fields: Advertising, Entertainment, Intellectual Property, and Media.
Rick is Vice Chairman of the ABA Committee on Private Advertising Litigation. He has handled many of the leading cases defining the application of intellectual property law to advertising and marketing communications, including representing the defendants in the Vanna White, Woody Allen, and Jackie Onassis look-alike cases; Viking Press, Nelson DeMille, Terry McMillan, and other authors and publishers in libel cases based on works of fiction; Prodigy in the Stratton Oakmont case and other cases defining online liability; John Deere in defining use of trademarks in comparative advertising; the maker of a smaller copy of the necklace from Titanic in defining the scope of parallel marketing; and “Gone With The Wind” in defining parody and copyright infringement. Rick has also handled numerous Lanham Act and comparative advertising cases and NAD challenges.
In addition to all aspects of marketing communications, Rick advises companies and individuals on mergers, acquisitions, succession plans, employment agreements, partnership agreements, and phantom equity plans.
Rick teaches advertising and intellectual property law and lectures regularly for the American Association of Advertising Agencies, the Promotion Marketing Association, the Association of National Advertisers, the Copyright Society of the U.S.A., and the American Law Institute/American Bar Association. He has repeatedly been a guest lecturer at Beijing University; Harvard, Columbia, University of Pennsylvania, NYU, Fordham, New York and Cardozo Law Schools; and conferences in Asia, Europe, and North America. He is a member of the Boards of The Miami Ad School, The Art Directors Club, and The Advertising Compliance Service.
Rick’s published works include: the Advertising Law chapter in Corporate Legal Departments (2011); "Exclusivity of Sponsors" in Journal of Sponsorship 379 (2010); The Legal Side of the Creative Process, a chapter in Advertising and Marketing Law (2005); “Restricting Speech on the Internet,” a panel discussion, 8 Fordham Intel. Prop. Media L. J. 395 (1998); “Liability Online,” 1 Journal of Internet Law 15 (1998); “Pornography on the Internet,” a panel discussion, 14 Cardozo Arts and Ent. L. J. 343 (1996); “Right of Publicity in the Year 2020,” a symposium, 20 Columbia-VLA Journal of Law and Arts 1 (1995); and “Libel Claims Based on Fiction,” 51 Brooklyn L. Rev. 401(1985).
Rick served as law clerk to Federal Judge Thomas P. Griesa, and was associated for five years with Paul, Weiss, Rifkind, Wharton & Garrison. He is a graduate of Columbia College (AB, magna cum laude, 1972) Phi Beta Kappa, and Harvard Law School (JD, cum laude, 1975).
Thomas A. Crowell, Esq.
Currently in private practice, Thomas A. Crowell, Esq., counsels clients on a wide range of issues, including film, television, and intellectual property rights issues. He is currently the production counsel for programs produced for Discovery, Smithsonian, TLC, WE, Starz, and other cablecasters. Mr. Crowell is the author of the book: “The Pocket Lawyer for Filmmakers,” published by Focal Press.
In addition to his private practice, Mr.Crowell lectures nationally, teaching producers how to avoid common legal pitfalls in the film and television industry. He has taught film law courses at several New York institutions, including Film/Video Arts and the School of Visual Arts.
Prior to becoming an attorney, Mr. Crowell was a television producer and the head of business development for one of Japan’s premier satellite television news companies, the Science Technology Network. Mr. Crowell is strong supporter of legal pro bono work for artists and is the Executive Director emeritus of the New Jersey Volunteer Lawyers for the Arts.
Mr. Crowell received his J.D., cum laude, Order of the Coif, from the Benjamin N. Cardozo School of Law. He is admitted to the practice of law in New York and New Jersey and before the United States Supreme Court. Mr. Crowell currently serves as a member of the Board of Directors for The Black Maria Film Festival.
For more information about Mr. Crowell, as well as a sample of his articles, please log on to: www.thomascrowell.com
Thomas D. Selz
Thomas D. Selz is a founding partner of Frankfurt Kurnit Klein & Selz focusing on entertainment law, copyright and trademark counseling, and motion picture, television, new media and publishing matters.
In addition to transactional work from development through production and distribution, Mr. Selz focuses on mergers and acquisitions, secured transactions, private placements and public offerings, and other complex corporate work involving entertainment industry and intellectual property assets.
For more than a decade, Mr. Selz has also helped structure international tax-advantaged financing for motion picture and television productions. Working with local counsel, Mr. Selz helped devise financing structures that are now used throughout the industry to permit clients to overcome substantial regulatory and business risks to be able to draw on funds from Canada, United Kingdom, Ireland, Australia, Germany and Hungary. He co-authored the U.S. Incentives chapter of the Film Finance Handbook: How to Fund Your Film (Netribution, 2007) and has most recently been appointed to the Cayman Islands Film Commission Advisory Board.
Mr. Selz is the co-author of the Entertainment Law Treatise, 1st, 2nd, and 3rd Editions, Shepard's/ McGraw-Hill, 1983-2007, and of Entertainment Law, Casebook, 1st, 2nd, and 3rd Editions, Matthew-Bender, 1984, 1997, 2003. He is Adjunct Professor of Law at Columbia Law School (1998-present), and prior to that he was Adjunct Professor of Law at New York University School of Law (1977-1993). He is a member of the Association of the Bar of the City of New York (Member, Copyright Committee, 1978-1981) and the American Bar Association (Member: Section on Patent, Trademark and Copyright Law; Entertainment and Sports Industries Forum Committee, 1979-Present). Mr. Selz was a director of the Independent Feature Project (1986 - 2001), and served as General Counsel to the organization (1986-2008).
Mr. Selz was recently recognized by New York Magazine as one of the New York area’s best entertainment lawyers, and was named a New York-area "Super Lawyer" for Entertainment work by Law and Politics magazine in 2006, 2007 and 2008. He was quoted recently in Financial Times on TiVo’s plan to allow customers to transfer television programs to Apple’s video iPod. He was also quoted in The New York Times, The International Herald Tribune, and other publications on the posting to the Internet of “Gone With the Wind” by the Australian affiliate of Project Gutenberg in violation of U.S. copyright law.
Prior to founding the firm, Mr. Selz worked in the entertainment department at Paul, Weiss, Rifkind, Wharton & Garrison, and was associated for three years, doing entertainment work, with Emil, Kobrin, Klein & Garbus. He is a graduate of Cornell University (BA, 1968) and Yale University (JD, 1971).
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