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Recent Developments in Copyright Litigation and What To Expect in 2017

(1k+ reviews)

Produced on March 13, 2017

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Course Information

Time 1h 42m
Difficulty Advanced
Topics covered in this course: Intellectual Property Copyright

Course Description

Understanding the key developments in copyright litigation in 2016 will give the copyright litigator the insights to best navigate the litigation landscape going forward. This course will highlight those developments and provide guidance regarding some significance copyright cases pending in the Circuits and the Supreme Court.

Join attorney Andrew Berger for a discussion of several copyright cases, including: TVEyes v. Fox, TCA Television v. McCollum, and Graham v. Prince. He will specifically address DMCA cases as well, including EMI v. MP3Tunes, BMG v, Cox, and Capitol Records v. Vimeo. Then he will break down the implications of the Supreme Court’s Kirtsaeng decision (dealing with attorneys’ fees in copyright litigation) and what to expect in the pending case of Star Athletica v. Varsity Brands dealing with the protectability of designs on cheerleading uniforms.  

Mr. Berger will also address what’s at stake in the epic battle between Oracle and Google, now back for a 2nd time in the Federal Circuit, for a review of the jury’s fair use determine arising from Google’s unauthorized use of application program interfaces. Finally, he will outline the latest development in the pre-1972 performance right music cases pending in the 9th, 2d and 11th Circuits.     

Learning Objectives:

  1. Understand the judicial expansion of fair use and what infringing uses that defense is likely either to permit or prohibit going forward

  2. Gain insight into the requirements that Internet Service Providers must implement to establish and carry out a repeat infringer policy under the Digital Millennium Copyright Act

  3. Recognize the changes the Supreme Court made in the Kirtsaeng case dealing with the recovery of attorneys’ fees in copyright litigation

  4. Explore the issues the Supreme Court is facing in the Star Athletica/Varsity Brands case concerning the protectability of graphic designs attached to useful articles

  5. Identify the issues and implications at stake in the epic battle between Oracle and Google now in the Federal Circuit involving Google’s unauthorized use of software code in the Android platform

  6. Grasp the scope and status of the pre-1972 performance right music cases pending in three circuits around the country

Credit Information

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Andrew Berger

Leichtman Law PLLC

Andrew Berger is an intellectual property litigator who uses his breadth of experience and creativity to protect his clients' copyrights and trademarks from infringement. He has resolved multiple copyright infringement litigations on behalf of his clients whose works have been used without their authorization collecting substantial sums on their behalf. Andrew also helps his clients monetize and distribute their intellectual property through licensing, joint ventures, sales and related transactions. Many of his cases are at the cutting edge of the Internet and new technologies.

Andrew is also an adjunct professor of law at Cornell Law School teaching a seminar in copyright litigation.

Andrew has for more than twenty years served as a mediator in IP cases on behalf of the Southern District Mediation Office and in private mediations.

Further, Andrew has successfully litigated many complex commercial matters, including on behalf of the Government of Ecuador, the Women's Professional Tennis Association and a Channel Islands investment company based in Europe.

He graduated from Cornell University and Cornell Law School and served as president of the Cornell Law Association, the alumni body representing the graduates of that school.

Andrew has also been a leader in national intellectual property organizations. In 2014, he co-founded and just completed a two-year term as the inaugural chair of theIntellectual Property Institute. Its 38 members are Fellows of the Litigation Counsel of America, the trial lawyer honorary society, who practice intellectual property litigation in firms across North America. The mission of the Intellectual Property Institute is to promote the peer-to-peer professional development of its members. Andrew also served for many years as trustee and member of the executive committee of theCopyright Society of the U.S.A. and as co-chair of the Copyright Subcommittee of theIntellectual Property Litigation Committee of the ABA's Litigation Section. Andrew was named the most outstanding subcommittee chair of the Intellectual Property Litigation Committee and also won the Outstanding Service Award from the Copyright Society.

He has also lectured on copyright at John Marshall Law School in Chicago, on trademark at the New School and the Zicklin School of Business at Baruch College and on intellectual property protection at the Johnson Graduate School of Management at Cornell. Andrew's peers have selected him each year for the past five as a New York Super Lawyer in IP litigation.

He frequently writes and speaks about intellectual property topics before bar and industry groups, including the Copyright Society, the PLI Advanced Program on Copyright Law, the Cornell Entrepreneur Network, the American Conference Institute and the Litigation Counsel of America. He is often quoted in the Wall Street Journal and the National Law Journal about IP issues. Andrew writes an IP blog called IP In Brief commenting on trends and transformation in copyright and trademark. He is also a Twitter user; his handle is @IPInBrief.

Over twenty-five years ago Andrew founded the Litigators Club, a group of about twenty lawyers then in smaller firms, to meet with judges to discuss matters of common concern regarding litigation in the federal and state courts. The judges from the Second Circuit who have been guests of the Litigators Club include Judges Leval, Livingston and Katzmann and Justice Sotomayor, before she joined the Supreme Court. The most recent guest was the former Chief Judge of the New York Court of Appeals, Jonathan Lippman.

Andrew lives in a 19th century brownstone in the Cobble Hill section of Brooklyn with his wife, a federal prosecutor, and their super-active rescue named Chloe.


Lawrence F.

Good coverage of many cases and issues in copyright

Jason G.

Excellent, clear, substantive material that was very well-organized, thought-provoking, and relevant. My favorite CLE ever.

Valentina S.

I'm looking forward to the next copyright litigation update.

Joanna S.

practical advice, fair assessment of precedents.

Angela R.

I felt like I was in Law School again. Great desire to learn more

Leo F.

Would recommend to one practicing in this area.

Michael L.

Excellen presentation.

Christopher S.

good course

Lenore H.

Well done. Pleased with it.

Stewart K.

Thank You.

Thomas M.

Great speaker

Donna W.

The instructor demonstrated an inordinate amount of knowledge; I am glad that he provided such great written materials because there is so much information to absorb. Great course!

Sam W.

This program was highly educational and the developing issues aspect was very educational. Hearing cases argued, but yet to be decided by the USSC is always a pleasant experience.

Joseph L.

Excellent quality presentation, great material, useful.

Debra S.

Excellent slides and speaker

Charles K.

loaded with case law--good

Carolyne A.

Excellent course, incredibly detailed. Very current information.

Patricia F.

Highly informative

Joseph M.

Excellent and timely

Rajan P.

Excellent speaker. Great ability to deliver content and keep presenting interesting.

Julie A. B.

Speaker is as focused as Bjorn Borg in a grand slam tennis match. The information presented penetrates like a welding flame.

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