Fordham Intellectual Property, Media & Entertainment Law Journal

On this week’s episode, we talk to Fabio Bertoni, the General Counsel for the New Yorker Magazine. We discuss moving from a big law firm to becoming an in-house counsel of a major publication, the process of pre-publication review, and the current media landscape and how it has changed a lawyer’s duty to the publication. Fabio Bertoni is general counsel of The New Yorker magazine, where he is responsible for pre-publication review of all articles, website posts, videos and other content published by The New Yorker, as well as supervising legal issues surrounding The New Yorker Festival and other events.  Prior to working at The New Yorker, Fabio was assistant general counsel at HarperCollins Publishers, where he conducted pre-publication review of non-fiction books, and handled legal issues for the Children’s Division, negotiated author-publisher agreements, and advised on licensing, copyright and trademark issues.  Prior to that, Fabio was vice president and deputy general counsel for ALM Media, publisher of The American Lawyer, the New York Law Journal, and dozens of other newspapers and magazines across the United States. Fabio also serves as an adjunct professor at Fordham Law School, where he teaches a seminar on Media Law Drafting.  He began his legal career at the firm of Hughes Hubbard & Reed, after graduating from Columbia Law School and from the Columbia Graduate School of Journalism. Our theme song is Roller Blades by Otis McDonald. Subscribe to us on Apple Podcasts and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Instagram: @Fordhamiplj Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

On this week's episode, we bring you our IPLJ's event held earlier this month, Dance Dance Legal Revolution. Moderated by IPLJ Associate Editor, Kara Krakower, the panel will discuss the popular video game Fortnite, created by Epic Games, which has recently found itself in hot water for selling content that mirrors dance moves made famous by other artists. Some of those artists, such as Brooklyn rapper 2 Milly and star of The Fresh Prince of Bel-Air Alfonso Ribeiro, have gone as far as to bring suit against Epic Games for the appropriation of their art, image, and brand. The attorneys of Pierce Bainbridge Beck Price & Hecht LLP, will be joining us for a discussion about the lawsuits, its cultural implications, and the attorneys’ experience working at a young, up-and-coming law firm. Our theme song is Roller Blades by Otis McDonald. Subscribe to us on Apple Podcasts and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Instagram: @Fordhamiplj Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

This week Patrick Hao, IPLJ Online Editor, and Alessandra Dagirmanjian, IPLJ Notes and Articles Editor, speak with Erik Bierbauer, Vice President of Litigation at NBC Universal and Adjunct Professor of Law at Fordham University. They discuss Justice Thomas's analysis of the landmark First Amendment case, New York Times v. Sullivan, in a recent denial of certiorari to Kathrine McKee. Erik shares his thoughts on Justice Thomas's interpretation of Sullivan and how a reconsideration of the case could affect defamation law. Our theme song is Roller Blades by Otis McDonald. Subscribe to us on Apple Podcasts and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Instagram: @Fordhamiplj Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

This week, Michael Rubin, IPLJ staff member, sits down with Jeffery Berkowitz, a partner at Finnegan, Henderson, Farabow, Garrett & Dunner. Their conversation touches on a variety of experiences encountered during Mr. Berkowitz’s patent practice for nearly 30 years with his firm. Mr. Berkowitz discusses his international practice assisting clients developing strategic patent portfolios and litigating in district courts and the Court of Appeals for the Federal Circuit. Mr. Rubin is a second-year law student at Fordham and a staff member at the IPLJ. He plans on working in Patent law this coming summer. IP of the Week: The Last Days of Nights by Graham Moore Our theme song is Roller Blades by Otis McDonald. Subscribe to us on Apple Podcasts and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Instagram: @Fordhamiplj Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

On this week's episode, Fordham IPLJ staff member, Meredith Miller, interviews former PTAB judge and current patent litigator, Brian Murphy. They discuss Mr. Murphy’s experiences as a PTAB judge and a patent practitioner, the impact PTAB and associated post-grant proceedings have had on patent law, and predictions of how PTAB might evolve in the future. Mr. Murphy is currently a partner at Haug Partners in New York City and was a Lead Administrative Patent Judge on the Patent and Trial Appeal Board at the USPTO. Ms. Miller is a second-year law student at Fordham Law intending to go into biotechnology patent practice. Our theme song is Roller Blades by Otis McDonald. Subscribe to us on Apple Podcasts and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Instagram: @Fordhamiplj Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

The following should not be construed as legal advice — just good advice. On this week's episode, Mr. Michael Golland, Senior Counsel at Complex Media,  sat down with Staff Writer, Jeanine Botwe to drop some gems, as part of our continued effort to facilitate exposure to careers within Intellectual Property and Entertainment Law. After graduating from The George Washington University in 1989 with a degree in Finance, Michael moved to San Diego where he began his career as an analyst for commercial real estate investors and eventually became an investor himself.  In 1994, Michael earned his JD from Whittier Law School in Los Angeles and began his career as a business attorney.  For the first seven years of his career as an attorney, Michael handled transactional and dispute resolution matters for his clients.  In this capacity, Michael would form and advise entities on matters related to the operation of their business such as employment issues, commercial leasing, asset acquisition and sale, intellectual property protection, general business strategy and represent his clients in litigation.  Michael began his career as an entertainment attorney in the music business where he represented artists and composers in both the entertainment and gaming industries.  Eventually, Michael began to represent other players in entertainment, media and licensing such as actors, writers, directors and producers. Michael has acted as production counsel for many feature films (including feature length documentaries) as well as scripted and unscripted television and new media productions.  In 2016, Michael relocated to New York to begin his career as in-house counsel for Complex Networks, a leading digital publisher where he oversees all of the company’s content production and distribution as well as events such as ComplexCon. IP of the Week: Geico Hump Day Commercial Our theme song is Roller Blades by Otis McDonald. Subscribe to us on Apple Podcasts and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Instagram: @Fordhamiplj Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

On this week episode, Online Editor, Patrick Hao, talks to film critic, podcaster and Ph.D. candidate in Cinema and Media Studies at the University of Southern California, Peter Labuza. They discuss Hollywood legal history and the role entertainment lawyers had, through contracts, shifted the way Hollywood Film Studios produced movies and affected the art. Peter Labuza is a Ph.D. Candidate in Cinema and Media Studies at the University of Southern California and a John E. Rovensky Fellow in US Business and Economic History. His research interests include Hollywood and media industry historiography, legal history, political economy, art cinema, and cinephilia. His dissertation explores the rise of the legal profession in Hollywood and its contribution to the organizational business reforms and cultural discourse of art within the industry after World War II. He has published in The Velvet Light Trap, Film Quarterly, Mediascape, Sight & Sound, and The Los Angeles Review of Books, and he currently serves as Assistant Book Review Editor for the Journal of Cinema and Media Studies (formerly Cinema Journal). He has also published as a film critic for Variety, The Village Voice, and Filmmaker Magazine among others, and hosts The Cinephiliacs podcast. Previously, Labuza earned both his BA and MA in Film Studies from Columbia University. Sources Mentioned: Peter Labuza, Putting Penn to Paper: Warner Bros.’s Contract Governance and the Transition to New Hollywood, 80 The Velvet Light Trap 4 (2017).   Janet Staiger, "Tame" Authors and the Corporate Laboratory: Stories, Writers, and Scenarios in Hollywood, 8:4 Q. Rev. of Film Stud. 33 (1983). Mark Garrett Cooper, Universal Women: Filmmaking and Institutional Change in Early Hollywood (Champaign: Univ. of Illinois Press, 2010). Karen Ward Mahar, Women Filmmakers in Early Hollywood (Johns Hopkins Univ. Press, 2006). Emily Carman, Independent Stardom: Freelance Women in the Hollywood Studio System (Univ. of Texas Press 2016). Eric Hoyt, Hollywood and the Income Tax, 1929—1955, 22 Film Hist. 5 (2010). Vanessa Schwartz, It's So French!: Hollywood, Paris, and the Making of Cosmopolitan Film Culture (Univ. of Chicago Press 2007). Catherine L. Fisk, Working Knowledge: Employee Innovation and the Rise of Corporate Intellectual Property, 1800-1930 (Univ. of North Carolina Press 2009). Catherine L. Fisk, Writing for Hire: Unions, Hollywood, and Madison Avenue (Harvard Univ. Press 2016). Favorite Piece of IP of the Week: Something Good-Negro Kiss (Short Film) Our theme song is Roller Blades by Otis McDonald. Subscribe to us on Apple Podcasts and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Instagram: @Fordhamiplj Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

On this week's episode, we bring you part 3 of our 26th Annual IPLJ Symposium. Moderated by Ron Lazebnik, Clinical Professor of Law at Fordham Law School, the Transparency of Notice and Choice panel will evaluate the efficacy of this mechanism to protect information privacy. Panelists will focus on the role that both content and design play in notifying users of their privacy rights. Panelists will also discuss what it means to provide users with proper notice and choice in an age when digital media and technology are constantly evolving. Panelists include: Wendy Seltzer, Strategy Lead and Counsel at World Wide Web Consortium (W3C); Liz Woolery, Senior Policy Analyst at Center for Democracy and Technology; Maya Uppaluru, Associate at Crowell & Moring LLP and; Paula Breuning, Counsel at Sequel Technology and IP Law. Our theme song is Roller Blades by Otis McDonald. Subscribe to us on Apple Podcasts and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Instagram: @Fordhamiplj Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

This week, Andrew Nietes, IPLJ staff member, sits down with Kuan Huang, a senior litigation associate at Latham & Watkins. Their conversation centers on the ins and outs of non-patent intellectual property trials at the Big Law level on both sides of the “v.” and covers topics from copyright font trolls to the role of expert testimony. Mr. Huang has worked on a variety of intellectual property matters including copyrights, trade secrets, and trademarks on behalf of both plaintiffs and defendants. Mr. Nietes, a second year law student at Fordham, plans on entering this field as well, litigating similar cases in intellectual property; he will be joining Mr. Huang at Latham & Watkins as a Summer Associate in 2019. Our theme song is Roller Blades by Otis McDonald. Subscribe to us on Apple Podcasts and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Instagram: @Fordhamiplj Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

This week we bring you our second installment of the 26th Annual IPLJ Symposium, “Data Governance Regimes Panel.” Moderated by Olivier Sylvain, Professor of Law at Fordham University of Law, The Data Governance Regimes panel will discuss the challenges in maintaining the privacy and confidentiality of data as it continues to accumulate. Panelists will evaluate current compliance obligations and the effectiveness of the FTC in providing standardized frameworks for effective governance, depending on the type of data that companies collect. Panelists will review recommendations for and against more expansive federal and state privacy legislation, looking at whether current regulations support modern business models and innovation in the digital sphere. Panelists include: Lisa J. Sotto, Partner and Chair, Privacy and Cybersecurity Practice at Hunton Andrews Kurth LLP; Boris Segalis, Partner and Global Vice Chair, Cyber/Data/Privacy at Cooley LLP; Andrew Kopelman, Vice President, Assistant General Counsel, and Chief Privacy Counsel at Medidata Solutions; Anthony Ford, Senior Data Privacy Counsel at Medidata Solutions. Our theme song is Roller Blades by Otis McDonald. Subscribe to us on Apple Podcasts and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Instagram: @Fordhamiplj Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

This week, staff member Meredith Miller sits down to chat with patent practitioner J. Douglas Miller about how start-ups can utilize patents and intellectual property in growing their business. They talk about what start-ups need to know about intellectual property, how to obtain a patent, and considerations when crafting an IP strategy. Ms. Miller is a second-year law student at Fordham Law intending to go into biotechnology patent practice. Mr. Miller, the father of Ms. Miller, is a patent attorney with a mechanical and environmental engineering background from Shumaker, Loop & Kendrick in Toledo, Ohio. Our theme song is Roller Blades by Otis McDonald. Subscribe to us on Apple Podcasts and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Instagram: @Fordhamiplj Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

Welcome to Season 3 of the Fordham IPLJ Podcast. This week we’re proud to bring you our first installment of the 26th Annual IPLJ Symposium, “User Control Data.” Moderated by Professor Ari Ezra Waldman, New York Law School, Director of the Innovation Center for Law and Technology; Nizan Geslevich Packin, Zicklin School of Business, Baruch College, City University of New York, Assistant Professor of Law; Andrew Selbst, Data & Society Research Institute, Postdoctoral Scholar; Yafit Lev-Aretz, Zicklin School of Business, Baruch College, City University of New York, Assistant Professor of Law Our theme song is Roller Blades by Otis McDonald. Subscribe to us on Apple Podcasts and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Instagram: @Fordhamiplj Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

This week, we’re chatting with IPLJ’s Volume 27 Online Editor and former host of the Fordham IPLJ Podcast, Anthony Zangrillo. Anthony is now an associate with Weil Gotshal in the firm’s Capital Markets practice. As a staff member on IPLJ, Anthony wrote a blog post about Universal and Disney’s arrangement regarding Marvel IP in theme parks. We chat about life as a first-year associate, Anthony’s experience using Moviepass in the wake of their recent privacy controversy, and whether Universal and Disney might be revisiting the terms of their agreement in the wake of Black Panther’s success. This is the final episode for the Volume 28 staff. Look out for some bonus content over the summer, and another season of all-new episodes this fall.   Anthony’s bio can be found on the Weil Gotshal website. Anthony’s 2016 blog post on Universal and Disney’s arrangement on Marvel IP in theme parks can be found here! Also, I talk briefly about Fordham Follies and a video they made last year referencing “The Network Effect.” Feel free to check it out here. Our theme song is Roller Blades by Otis McDonald. Subscribe to us on Apple Podcasts and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

This week, Staff Correspondent Mike Rivera speaks with Conor Tucker, a litigation associate at Irell & Manella in Los Angeles. This year, IPLJ published Conor’s article regarding the Defend Trade Secrets Act of 2016. Conor explains the ways in which the DTSA was inspired by the Economic Espionage Act of 1996, and the massive, unexpected jurisdictional issues that were created by this newly expanded federal protection of trade secrets. To read Conor's article, click here. Conor's bio can be found on the Irell & Manella website. Our theme song is Roller Blades by Otis McDonald. Subscribe to us on Apple Podcasts and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

This week, Staff Correspondent Fannie Law speaks with Professor Shlomit Yanisky-Ravid, a visiting professor at Fordham Law and an expert on artificial intelligence and intellectual property law. Professor Yanisky-Ravid is the head of the AI-IP Project at Fordham Center on Law and Information Policy, researching the impact of advanced technology, such as artificial intelligence and blockchain. She talks about her work with AI-created content and its application to current copyright law. She also discusses the implementation of new models to resolve the challenges that AI presents for intellectual property law. Professor Yanisky-Ravid plays a Jazz composition generated by AI system as part of the AI-IP project at 14:05 mark. Professor Yanisky-Ravid's bio can be found here. Our theme song is Roller Blades by Otis McDonald. Subscribe to us on Apple Podcasts and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

This week, we’re talking with Sally Hubbard. Sally is a senior editor at the Capitol Forum, where she primarily covers antitrust issues. Sally was a featured panelist at this year’s IPLJ Symposium, speaking on the topic of Safeguarding Information Integrity in the Era of Fake News. Sally is also the founder and host of the Women Killing It! Podcast, where she interviews women at the top of their careers about what has worked for them, how they got where they are today, and what they wish they knew earlier. Sally and I chatted about the relationship between consolidated market power and gender and racial inequality. Read Sally's article in Forbes, and subscribe to her podcast, Women Killing It!, on Apple Podcasts or wherever you get your podcasts. Our theme song is Roller Blades by Otis McDonald. Subscribe to us on Apple Podcasts and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

This week, Staff Correspondent Chloe Curtis talks with Jo Backer Laird, one of the world's leading art lawyers. Jo served as General Counsel to Christie's for 10 years, and is currently Of Counsel at Patterson Belknap. Chloe and Jo discuss the role of the lawyer in art transactions, and the type of relationship that exists between lawyer and client. Their conversation focuses on the role of the lawyer in representing private collectors, museums and artist foundations in various dealings. Jo's bio can be found on the Patterson Belknap website.   Our theme song is Roller Blades by Otis McDonald. Subscribe to us on Apple Podcasts and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

This week, we’re proud to bring you our third installment of the 25th Annual IPLJ Symposium, “Political Non-Neutrality in the Press.” This panel discusses the deficiency of presenting multiple viewpoints in the press. As news organizations become more polarized, it appears the public grows more and more polarized as well. The Fairness Doctrine, introduced in 1949, required the presentation of news and public issues in a neutral way by requiring representation of multiple opinions or viewpoints of an issue. While this doctrine was limited to broadcast, this panel explores how a similar requirement could apply across all press organizations. Moderated by Professor Corey Brettschneider, Fordham University School of Law Susan Buckley – Cahill Gordon & Reindel LLP, First Amendment Senior Counsel Mark Conrad – Fordham University Gabelli School of Business, Associate Professor   To see the video from this panel, check out our YouTube channel. Our theme song is Roller Blades by Otis McDonald. Subscribe to us on Apple Podcasts and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

This week, Online Editor Christina Sauerborn and Guest Tax Correspondent Jessica Drake talk with Ted Mlynar and Ira Schaefer, Partner and Senior Counsel, respectively, at Hogan Lovells LLP. Ted and Ira previously chatted with us back in Episode 38 about blockchain technology and smart contracts. In this episode, they are back to discuss the many taxation issues of cryptocurrencies and cryptocurrency transactions, focusing on the limited guidance from the IRS and what taxpayers may need to report by April 17. Ted and Ira's bios can be found on the Hogan Lovells website.   Our theme song is Roller Blades by Otis McDonald. Subscribe to us on Apple Podcasts and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

This week, we’re proud to bring you our second installment of the 25th Annual IPLJ Symposium, “European Union Comparative Law.” This panel compares European hate speech laws with America’s First Amendment, using the comparison to hold a broader conversation about media and regulating speech. Moderated by Professor Martin Flaherty, Fordham University School of Law; Co-Director, Leitner Center for International Law and Justice Nico Van Eijk – University of Amsterdam, Professor of Media and Telecommunications Law; The Institute for Information Law, Director Carrie DeCell – The Knight First Amendment Institute at Columbia University, Staff Attorney Just a head's up that IPLJ is taking a much-needed Spring Break!  We'll be back in two weeks, on Friday, April 6, with another all-new episode.   To see the video from this panel, check out our YouTube channel. Our theme song is Roller Blades by Otis McDonald. Subscribe to us on Apple Podcasts and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

This week, we’re proud to bring you the first installment of the 25th Annual IPLJ Symposium, “Safeguarding Information Integrity in the Era of Fake News.” The promulgation of fake news raises important legal issues regarding non-press media entities, social media platforms, and online content providers. This panel addresses the recent boom in fabricated online news, despite the fact that free speech and free press protections are limited to the truth. Moderated by Professor Oliver Sylvain, Fordham University School of Law Sally Hubbard – The Capitol Forum, Senior Editor; Women Killing It! Podcast, Creator and Host Jeremy Chase – Davis Wright Tremaine LLP, Senior Associate Matthew Schafer – Buzzfeed, Newsroom Counsel   To see the video from this panel, check out our YouTube channel. Our theme song is Roller Blades by Otis McDonald. Subscribe to us on Apple Podcasts and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

This week, we're giving you part two of our interview with Orit Blankrot and Margo Cornell, Vice President, Business Affairs and Director of Legal Administration, respectively, at NBC Universal. Staff Correspondent Mike Rivera talks with Orit and Margo about risk assessment for The Jerry Springer Show, and how to break into entertainment and media law.   Music on this week’s episode: Experimental by strange day: https://soundcloud.com/strange-day Our theme song is Roller Blades by Otis McDonald: https://youtu.be/Ym8r-34xu0M   Subscribe to us on Apple Podcasts at https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285 and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

This week, we're giving you part one of our interview with Orit Blankrot and Margo Cornell, Vice President, Business Affairs and Director of Legal Administration, respectively, at NBC Universal. Staff Correspondent Mike Rivera talks with Orit and Margo about their work with the Jerry Springer Show. Orit and Margo talk about how they got their start in media law, problem solving for a broadcast television show, and how they advise to help the show comply with FCC guidelines.   Music on this week’s episode: Experimental by strange day: https://soundcloud.com/strange-day Our theme song is Roller Blades by Otis McDonald: https://youtu.be/Ym8r-34xu0M   Subscribe to us on Apple Podcasts at https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285 and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

In this second installment of our two-part series, we’re exploring the world of theater law and broadway producing. Staff Correspondent Lizzy Altman continues her chat with Broadway Producer Ken Davenport, founder of Davenport Theatrical Enterprises, and Daniel Wasser, Partner at Franklin Weinrib Rudell & Vassallo LLP. To learn more about Ken Davenport, please visit the Davenport Theatrical website: http://www.davenporttheatrical.com/ Dan Wasser's bio can be found here: http://www.fwrv.com/attorneys/daniel-m-wasser/ Additionally, for a more in-depth view into the world of broadway producing, tune in to Ken Davenport's podcast, The Producer's Perspective. We especially recommend Episode #15 with Daniel Wasser, which was a great jumping-off point for this project: https://www.theproducersperspective.com/my_weblog/2015/04/podcast-episode-15-broadway-attorney-dan-wasser-explains-the-jobs-act-and-more.html   Music on this week’s episode: Clocks Set by Silent Partner: https://youtu.be/Ym8r-34xu0M Experimental by strange day: https://soundcloud.com/strange-day Our theme song is Roller Blades by Otis McDonald: https://youtu.be/Ym8r-34xu0M   Subscribe to us on Apple Podcasts at https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285 and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

In this two-part series, we’re exploring the world of theater law and broadway producing. We chat with Broadway Producer Ken Davenport, founder of Davenport Theatrical Enterprises, whose producing credits include Kinky Boots, Once on this Island, and The Play that Goes Wrong, among many others. Staff Correspondent Lizzy Altman also talks with Daniel Wasser, Partner at Franklin Weinrib Rudell & Vassallo LLP. In addition to his work with Davenport Theatrical, Dan frequently represents clients in the entertainment and theater industry. To learn more about Ken Davenport, please visit the Davenport Theatrical website: http://www.davenporttheatrical.com/ Dan Wasser's bio can be found here: http://www.fwrv.com/attorneys/daniel-m-wasser/ Additionally, for a more in-depth view into the world of broadway producing, tune in to Ken Davenport's podcast, The Producer's Perspective. We especially recommend Episode #15 with Daniel Wasser, which was a great jumping-off point for this project: https://www.theproducersperspective.com/my_weblog/2015/04/podcast-episode-15-broadway-attorney-dan-wasser-explains-the-jobs-act-and-more.html   Music on this week’s episode: Clocks Set by Silent Partner: https://youtu.be/Ym8r-34xu0M Experimental by strange day: https://soundcloud.com/strange-day Our theme song is Roller Blades by Otis McDonald: https://youtu.be/Ym8r-34xu0M   Subscribe to us on Apple Podcasts at https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285 and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

In our last episode of 2017, Staff Correspondent Ben Halperin talks with Leila Aminedolleh. She is an adjunct professor at Fordham University School of Law, and the Founding Partner of Amineddoleh & Associates LLC. Her practice focuses on art, cultural heritage, and intellectual property law. They discuss the IP law perspective of the Snapchat Art project, and other developments from the art world. This episode is Part Two of a two-part discussion on this topic. Professor Amineddoleh's bio can be found here: https://www.fordham.edu/info/23642/a_-_b/6999/leila_amineddoleh Thank you for listening! We'll be back on Friday, February 9th with another semester of all-new episodes. In the meantime, please visit our website, where you can read our blog, or check out our back-catalog on Apple Podcasts, where you can get all caught up on episodes from this past year. Subscribe to us on Apple Podcasts at https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285 and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

This week, Staff Correspondent Ben Halperin talks with artist, designer, and activist Sebastian Errazuriz.  Sebastian's digital "vandalization" of a Jeff Koons sculpture, visible in landmarks around the world via Snapchat filter, recently made headlines. They talk about the potential implications of Snapchat's art initiative, which could demonstrate the idea that localities should regulate their "digital air rights" like other traditional property rights. They also discuss the potential societal impacts of augmented reality (AR) technology. This episode is Part One of a two-part discussion on this topic. To learn more about Sebastian's work, please follow him on social media: Instagram: @sebastianstudio Webpages : www.meetsebastian.com and www.cross.international Facebook: www.facebook.com/sebastian.errazuriz Subscribe to us on Apple Podcasts at https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285 and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

This week, Staff Correspondent Alessandra Dagirmanjian speaks with Ted Mlynar and Ira Schaefer, Partner and Of Counsel, respectively, at Hogan Lovells LLP. Ted and Ira both work extensively with the Hogan Lovells' Blockchain-Smart Contracts IPMT Working Group. Ted and Ira talk about their work with ethereum smart contracts, and how the blockchain can be used to protect intellectual property rights. They also discuss the important new roles for lawyers in implementing the technology, and resolving the legal issues surrounding it. Ted's bio can be found here: https://www.hoganlovells.com/ted-mlynar Ira's bio can be found here: https://www.hoganlovells.com/ira-schaefer   Subscribe to us on Apple Podcasts at https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285 and leave us a review!   Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

This week, Staff Correspondent Chloe Curtis talks with Ron Spencer, one of the world's leading art lawyers and Chairman of the Art Law Practice at the New York law firm of Carter, Ledyard, & Milburn. Chloe and Ron discuss the recent Knoedler Gallery forgery trials focusing on the legal aspects of art authentication and advising buyers, sellers, and owners on due diligence with respect to provenance and attribution of works of art. A link to Ron's bio can be found here: http://www.clm.com/attorney.cfm?ID=106   Subscribe to us on Apple Podcasts at https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285 and leave us a review!   Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

This week, Online Editor Christina Sauerborn chats with Vivian Tan, CEO and co-founder of Beast Pets, a virtual reality game where users can play with adorable pet baby dragons. Vivian tells us about her career path from practicing law to co-founding a VR company. Christina and Vivian also talk about the game play (including Christina's playtest experience), and the legal issues that come up as the game has developed and VR continues to grow. To learn more about Beast Pets, please visit their website at www.beastpets.com. Subscribe to us on Apple Podcasts at https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285 and leave us a review!   Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj  

This week on Part II of our CRISPR series, guest correspondent Falguni Joshi continues exploring the nuances of the CRISPR patent dispute with Professor Sherkow and Steve Hollander. First, our guests explain the shift from a first-to-invent to a first-to-file system in the United States, the advantages of the change, and how the CRISPR patent dispute outcome would be different under a first-to-invent regime. Next, Professor Sherkow and Steve explore the procedural history from the interference proceeding through the Court of Appeals. Professor Sherkow explains why he thinks UC Berkeley’s chances of success on appeal are low. Our guests then turn to an interesting analogy, a foreign third party and practical considerations for UC Berkeley and the Broad Institute while the controversy is ongoing. This podcast wraps up with a conversation about the implications of the CRISPR patent dispute for the scientific and legal communities. Steven Hollander works in the area of not-for-profit and patent law and writes on the intersection of scientific innovation, bioethics, and law. He is a member of the New York City Bar Association's Bioethics Committee where he is the chair of the Patent Law Subcommittee. He received a B.A. from Washington University in St. Louis, a Certificate in Premedical Sciences from Columbia University, and a J.D., Cum Laude, from Maurice A. Dean School of Law at Hofstra University where he was an Associate Editor for the Hofstra Law Review. Professor Sherkow is an Associate Professor of Law at the New York Law School Innovation Center for Law and Technology, where he teaches a variety of courses related to intellectual property. His research focuses on how scientific developments, especially in the biosciences, affect patent law and litigation. Professor Sherkow has been a frequent commentator on patent matters in popular outlets such as the Wall Street Journal, The New York Times, the Los Angeles Times, and NPR. He also has experience as a patent litigator at Gibson, Dunn & Crutcher in New York.   Music on this week’s episode: Clocks Set by Silent Partner: https://youtu.be/Ym8r-34xu0M Experimental by strange day: https://soundcloud.com/strange-day Our theme song is Roller Blades by Otis McDonald: https://youtu.be/Ym8r-34xu0M   Subscribe to us on Apple Podcasts at https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285 and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

In this two part series, guest correspondent Falguni Joshi delves into the world of CRISPR-Cas9—a revolutionary gene editing technology that has made headlines recently. For this week’s episode, Falguni sits down with Dr. Raj Mandal to understand how CRISPR works, what its implications are and how Dr. Mandal uses it in his lab to conduct cancer research. Falguni then turns to the underlying patent dispute with Professor Jacob Sherkow and Steven Hollander. Professor Sherkow and Steve explain how the dispute began, the differences in the innovations made by the two parties, and the procedural history. Dr. Raj Mandal is a Head and Neck Surgery fellow at Memorial Sloan Kettering Cancer Center in New York City. In addition to clinical work, Dr. Mandal is actively involved in cancer research using gene editing technologies such as CRISPR Cas9. Steven Hollander works in the area of not-for-profit and patent law and writes on the intersection of scientific innovation, bioethics, and law. He is a member of the New York City Bar Association’s Bioethics Committee where he is the chair of the Patent Law Subcommittee. He received a B.A. from Washington University in St. Louis, a Certificate in Premedical Sciences from Columbia University, and a J.D., cum laude, from Maurice A. Dean School of Law at Hofstra University where he was an Associate Editor for the Hofstra Law Review. Professor Sherkow is an Associate Professor of Law at the New York Law School Innovation Center for Law and Technology, where he teaches a variety of courses related to intellectual property. His research focuses on how scientific developments, especially in the biosciences, affect patent law and litigation. Professor Sherkow has been a frequent commentator on patent matters in popular outlets such as the Wall Street Journal, The New York Times, the Los Angeles Times, and NPR. He also has experience as a patent litigator at Gibson, Dunn & Crutcher in New York.   Music on this week’s episode: Clocks Set by Silent Partner: https://youtu.be/Ym8r-34xu0M Experimental by strange day: https://soundcloud.com/strange-day Our theme song is Roller Blades by Otis McDonald: https://youtu.be/Ym8r-34xu0M   Subscribe to us on Apple Podcasts at https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285 and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

This week, we're bringing you some additional content in connection with Episode 32, discussing the amendments to the March of Time trademark registration. (If you haven’t yet heard the episode, I highly recommend you go back and take a listen.)  This audio clip is from The March of Time, narrated by Westbrook Van Voorhis and produced by Time Inc. The episode, titled “Soldiers with Wings,” aired in the United States in September 1939, and discusses the militarization in Western Europe as World War 2 approaches.  Special thanks to HBO and Time Inc. for their permission to use this audio clip. We'll be back next week with an all new, full-length episode. Subscribe to us on Apple Podcasts at https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285 and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

In this week’s episode, Online Editor Christina Sauerborn chats with Matthew Asbell, Partner at the international intellectual property boutique firm of Ladas & Parry LLP. They talk about Matthew's recent work with client Time, Inc. in amending one of their longstanding trademark registrations where technological evolution had rendered the originally registered goods obsolete. The trademark is for “The March of Time,” a series of pre-film newsreels shown in movie theaters in the early 1930s, and registered as a trademark since 1935. A lapse in registration would have resulted in a loss of a longstanding and valuable asset, and a loss of incontestability among the myriad other rights conferred on registered trademark holders. In addition to chatting about his practice and his longtime affinity for the arts that led him to pursue IP law, Matthew talks about how taking advantage of a recent pilot program through the USPTO allowed his client to update its trademark registration. A link to Matthew’s bio can be found here: https://ladas.com/our-people/matthew-d-asbell/   Subscribe to us on Apple Podcasts at https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285 and leave us a review!   Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

Welcome to Season 2 of the Fordham IPLJ Podcast!  For our season premiere, Online Editor Christina Sauerborn chats with Matthew Vidal, Vice President at Viacom Media Networks.  Matt works with the Nickelodeon Digital Media Group and advises on a range of issues, particularly the Children's Online Privacy Protection Act (COPPA).  In this episode, Christina and Matt discuss COPPA, its history, and the compliance concerns that arise in the digital age of children's media and entertainment. Subscribe to us on Apple Podcasts (https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285) and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Facebook: www.facebook.com/FordhamIPLJ Patreon: www.patreon.com/fordhamiplj

Welcome back to the Fordham IPLJ Podcast!  Our new season will begin in just a couple weeks, on Friday, September 22. We’ll also be moving our new episode releases to Fridays. In the meantime, for some new content, we’d like to direct you to patreon.com/fordhamiplj, where for just $1 per episode, you can become a Patron and unlock two previously unreleased, bonus episodes!  One episode features staff correspondent Devanshi Shah, as she interviews Fordham Law School Professor Cameron Russell.  The other episode features Anthony Zangrillo, as he interviews Trent Ostler of patent prosecution company Anticipat. We know it’s been a long summer and we thank our listeners so much for tuning in.  To that end, if you listened to us last year and enjoyed what you heard, we’d love it if you could visit our page  https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285) and leave us a review! Website: www.fordhamiplj.org Twitter: @FordhamIPLJ Facebook: www.facebook.com/FordhamIPLJ

Former Online Editor Anthony Zangrillo and Former Senior Notes and Articles Editor Joey Gerber take a break from BAR prep in order to discuss "one of the most important First Amendment free speech cases to come along in many years" Matal v. Tam.1 In the past, the U.S. Patent and Trademark Office (PTO) has refused to register trademarks considered that disparage a particular person, group or institution. On June 19, the Supreme Court unanimously held (8-0) that the disparagement clause (Section 2(a) of the Lanham Act), is an unconstitutional violation of the First Amendment’s Free Speech Clause. The specific case in controversy involved a Portland, Oregon, rock band “The Slants.” All the members of the band are of Asian decent and the name represents a move of empowerment in reclaiming a historically derogatory term. Simon Tam filed a trademark application to federally register the band’s name, “The Slants.” The PTO refused to register the mark as “derogatory or offensive” based on the dictionary meaning of ‘slants’ or ‘slant-eyes.’ Tam lost an appeal to the PTO’s Trademark Trial and Appeal Board (TTAB), but this ruling was reversed in the Court of Appeals for the Federal Circuit, holding that the disparagement clause is unconstitutional under the Free Speech Clause. On this podcast, Anthony and Joey discuss the Supreme Court decision and the ramifications this could have on future trademark applications, as well as other decisions such as the recent controversy over the Washington Redskins.2   Don’t forget to also subscribe to the podcast on iTunes (https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285?mt=2) and leave a review!

Streaming technology has radically changed the music business landscape. A new issue that has arisen is the question of the legal distinction between a "traditional" album, the "revived" mixtape, and the "questionable" playlist. Online Editor Anthony Zangrillo, Staff Member Dary Schwartz and Special Guest Steve Gordon join the podcast to tackle this issue. Steve is an entertainment attorney with over 20 years of experience in the entertainment industry, including 10 years as Director of Business Affairs for Sony Music, attorney at a law firm representing Atlantic and Elektra Records, and in-house music counsel for a Hollywood Studio. His current and recent clients include entertainment companies such as MTV, Music Choice, Time Life Films and Soul Train Holdings; record labels such as Smithsonian Folkways and Shout Factory; Television Services such as PBS, Maryland and Louisiana Public Broadcasting; and established as well as up-and-coming artists, producers, indie labels, and managers. Drake recently released a new "playlist" via Apple Music. This work is a curation of 22 new tracks that has caused some debate about the difference between a playlist, a mixtape and a traditional new album. While the questions linger, More Life is the latest demonstration of how artists have unprecedented flexibility in how they release music, thanks to streaming outlets such as Apple Music, Spotify and Tidal. The streaming revolution has innovated the traditional album release. Chance the Rapper recently made history by being the first artist to chart on the Billboard 200 and win a GRAMMY based on his streaming-only release, Coloring Book. Additionally, Kanye West continually tweaked Life Of Pablo likening the work to contemporary art. What are the legal implications of this technological change in consuming music? Is there a legal difference between album, mixtape, or playlist? Or is it just a clever marketing device? The podcast also talks about Steve's new book The 11 Contracts That Every Artist, Songwriter and Producer Should Know. You can buy a copy at a discounted price by clicking here, or from Amazon. Buyers will also gain exclusive access to video content ranging from analysis of various music industry contracts to expert advice on music clearances and licensing. Here is brief summary of the book: The 11 Contracts Every Artist, Songwriter, and Producer Should Know is an in-depth guide to help artists, songwriters, and producers navigate the tricky world of contract negotiations in the music industry. This book analyzes the most common, and important, contracts – including management, production company, sync license, and producer agreements – all paired with professional commentary and exclusive interviews with top industry moguls. Readers will learn the ins and outs of both the legal and business side of contracts in the music industry so that they will never find themselves stuck on the wrong side of a bad deal. Don’t forget to also subscribe to the podcast on iTunes (https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285?mt=2) and leave a review! Editor's Note: Podcast was recorded before Chance took aim at the record labels on his recent tour: http://www.billboard.com/files/pdfs/Bulletin/april-26-2017-billboard-bulletin.pdf Related blog post: http://www.fordhamiplj.org/2017/04/07/practitioner-perspective-legal-distinction-album-mixtape-playlist/

In December 2015, the FTC issued Guidelines instructing companies and influencers on how they should conduct themselves concerning paid sponsorships on online posts and other content. The update in how these Guidelines have been enforced has been an interesting talking point in the legal community. Online Editor Anthony Zangrillo and Kathy Walter discuss these issues, which are the subject of Kathy’s note, which will be published in Book 4 of Volume XVII of IPLJ. The podcast is also joined by Special Guest Doreen Small,1 a founding partner of Marquart & Small LLP, a highly regarded intellectual property lawyer and a foremost expert in the field of fashion modeling law. Her practice focuses on advising and counseling clients on a wide range of contractual, transactional, intellectual property, regulatory and employment law matters in the fields of fashion, arts, fitness, hospitality, media and entertainment. Doreen discusses her exposure to companies pushing compliance with Guidelines onto bloggers, influencers and models through contractual agreement. In practice, the FTC has enforced these Guidelines on bloggers and models, but not always on celebrities and red carpet guests who accept constant swag in their everyday life. The advertising model has changed and every company puts ad dollars into these online mechanisms. Influencers and blogs really do have influence and sway over an important demographic. Often, these new technological changes involving social media in the industry are accompanied by normal modes of advertising, such as print and billboards. However, exclusive print advertisements have become very rare. The podcast discusses the concern in misleading “paid-for” content that is disguised as normal editorial pieces. Is there a lack of awareness on the part of the consuming public to the payments involved to get someone to wear their clothing? How does the FTC utilize its standard of deceptiveness, regarding whether a reasonable number of prudent customers would be fooled? Is the concern among influencer’s concerning authenticity with their consumer base justified? How can lawyers draft contracts to push the burden of compliance with the Guidelines back on the companies asking for sponsorship, rather than placing the burden on the influencers themselves? Finally, Anthony, the influencer himself 2 discusses his own exposure to the Guidelines concerning his movie and video game reviews. What is the FTC’s application of these Guidelines to free tickets to live events, and furthermore exclusive gatherings such as a movie premiere or after party? This topic brings up the issue of uniformity of enforcement among industries, such as film, fashion, media, and gaming. Don’t forget to also subscribe to the podcast on iTunes (https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285?mt=2) and leave a review! Editor’s Note: This podcast was recorded prior to the FTC’s press release reminding influencers and brands to clearly disclose relationships with sponsors. In its blog post, the FTC recommended three steps that influencers should take to ensure the effectiveness of disclosures on Instagram: Keep your disclosures unambiguous. Make your disclosures hard to miss. Avoid #HardtoRead #BuriedDisclosures #inStringofHashtags #SkippedByReaders. Related blog posts (with catchy headlines):   http://www.fordhamiplj.org/2016/11/29/keeping-up-ftc/   http://www.fordhamiplj.org/2016/08/06/ftc-guidance-business-not-include-marketing-pay-attention/

Special Guest Floyd Abrams joins the podcast to discuss his new book The Soul of the First Amendment.1 America’s preeminent First Amendment lawyer, Floyd Abrams, has spoken out on the most controversial free-speech issues of our time.  Since 1971, when the Pentagon Papers were leaked to the New York Times and furious debate over First Amendment rights ensued, free-speech cases have emerged in rapid succession. Floyd Abrams has been on the front lines of nearly every one of these major cases, which is also to say that, more than any other person, he has forged this country’s legal understanding of free speech. Litigating everything from national-security and prior-restraint issues to controversies concerning the law of libel and attempts by local officials to censor art, Abrams has worked devotedly to protect the First Amendment, the “crown jewel” of America’s Constitution.  Most recently, Mr. Abrams argued and won Citizens United v. Federal Election Commission. In his forthcoming book, The Soul of the First Amendment, Abrams discusses the dangers to the First Amendment that emanate from the Left as well as the Right. Abrams also examines the repeated conflicts between claims of free speech and those of national security, as evidenced in the case of WikiLeaks and also the case of Edward Snowden. Topics discussed include a comparative view of defamation laws, the right to be forgotten, Supreme Court oral arguments, and unauthorized use of trademark in film.2 Don’t forget to also subscribe to the podcast on iTunes (https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285?mt=2) and leave a review!

Sky Moore joins Online Editor Anthony Zangrillo on the Fordham IPLJ Podcast to discuss the recent implosion of certain China-Hollywood co-production financing deals. Sky is a partner in the corporate entertainment department of Stroock, practicing entertainment, corporate, and tax law. Sky has been practicing in the entertainment industry since 1981, and represents a broad spectrum of clients throughout the entertainment industry, including producers, sales agents, foreign distributors and financiers, and has handled some of the largest financing transactions in Hollywood. Earlier in March, Eldridge Industries, which owns TV unit Dick Clark Productions, terminated the $1 billion sale agreement with Wang Jianlin's Dalian Wanda Group decided upon in November. Wanda had only paid $25 million of this purchase price. Additionally, Paramount’s deal with Huahua Media and Shanghai Film Group is floundering because Paramount hasn’t seen a cent of the promised $1 billion. Even though Hollywood deals fall apart all the time, there appears to be less security in these Chinese-invested projects. Are Chinese film investors just “tourist investors,” arriving with great fanfare, taking meetings with players across town, kicking the tires of every studio and production company that may be interested in Chinese investment, suggesting that a deal might be imminent, and then going back to China without agreeing to anything? Furthermore, is this a bigger issue because the Chinese yuan is a regulated currency? Are the fractured deals more of a result of the government rather than the film studios? Chinese regulators appear to be clamping down on foreign investment deals, due to the hundreds of billions of dollars leaving the country. The podcast addresses these issues and speculates on what movie subject will finally be the breakaway co-production hit both Hollywood and China are searching for. Don’t forget to also subscribe to the podcast on iTunes (https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285?mt=2) and leave a review! Editor's Note: This podcast was recorded before President Trump's reversed his position on labeling China a currency manipulator.

http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1660&context=iplj The podcast is a second discussion on Online Editor Anthony Zangrillo's Note: The Split on the Rogers v. Grimaldi Gridiron: An Analysis of Unauthorized Trademark Use in Artistic Mediums.1 Special Guest Marc Misthal,2 a partner at Gottlieb, Rackman, & Reisman P.C., joins the podcast to speak about the unauthorized use of trademarks in films, TV and video games. Marc Misthal specializes in all areas of trademark and copyright litigation and prosecution, and has extensive familiarity with domain name and Internet issues. Mr. Misthal has contributed to the Aspen Law & Business treatise, Trademark Counterfeiting, (George W. Abbott, Jr. and Lee S. Sporn, eds. 1999); and he is the author of Reigning in the Paparazzi (10 International Legal Perspectives 287, Northwestern School of Law [2000]). More recently Mr. Misthal, along with George Gottlieb, contributed an extensive chapter on intellectual property to the newly released book Fashion Law: A Guide for Designers, Fashion Executives and Attorneys. The book takes a practical approach to addressing legal issues. It is the first book to comprehensively examine, in one volume, those areas of the law implicated in the fashion business (including, in addition to intellectual property issues, franchising, distribution, rentals, leasing and import/export). Fashion Law, published by Fairchild Books, is available from Amazon.com, Barnes and Noble and other booksellers. Movies, television programs, and video games often exploit trademarks within their content. For example, Louis Vuitton sued Warner Bros. over a knockoff bag used in a scene in the studio’s 2011 release "The Hangover: Part II." In particular, various media often attempt to use the logos of professional sports teams within artistic works. Courts have utilized different methods to balance the constitutional protections of the First Amendment with the property interests granted to the owner of a trademark. Ultimately, many courts utilize the framework presented in the seminal Rogers v. Grimaldi decision. This test analyzes the artistic relevance of the trademark’s use in the allegedly infringing work, while also protecting against explicitly misleading uses. Currently, federal circuits apply the Rogers test inconsistently, particularly in the Second, Sixth, Seventh, and Ninth Circuits. This podcast focuses in on the control trademark holders wish to maintain over their marks. Specifically, the podcast explores the use of "The Sporting Times" mark in the R-rated critical failure film "Spaceman." The podcast also discusses the de minimis use of trademarks in film and the gatekeeper role of movie studios. Don’t forget to also subscribe to the podcast on iTunes (https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285?mt=2) and leave a review!

The podcast discusses Online Editor Anthony Zangrillo's Note: The Split on the Rogers v. Grimaldi Gridiron: An Analysis of Unauthorized Trademark Use in Artistic Mediums (http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1660&context=iplj). Special Guest Ben Siders, an IP attorney at Lewis Rice in St. Louis, joins the podcast to speak about the unauthorized use of trademarks in films, TV and video games.   A former software engineer, Ben routinely counsels businesses, entrepreneurs, and startups on IP, technology licensing and compliance as well as how to develop and protect their IP assets. He also assists clients with licensing their technology and licensing third party technologies. Ben is also a co-author of the American Bar Association's Legal Guide to Video Game Development and has published an article on board games in the American Bar Association's Landslide journal on IP law. He is the secretary of the St. Louis Game Developer Cooperative, a member of the International Game Developer Association, and holds a patent on a geogaming technology for creating "parallel reality" games.   Movies, television programs, and video games often exploit trademarks within their content. In particular, various media often attempt to use the logos of professional sports teams within artistic works. Courts have utilized different methods to balance the constitutional protections of the First Amendment with the property interests granted to the owner of a trademark. Ultimately, many courts utilize the framework presented in the seminal Rogers v. Grimaldi decision. This test analyzes the artistic relevance of the trademark’s use in the allegedly infringing work, while also protecting against explicitly misleading uses. Currently, federal circuits apply the Rogers test inconsistently, particularly in the Second, Sixth, Seventh, and Ninth Circuits. This podcast focuses in on the feedback loop created by blurring out trademarks in films, when not legally required to do so. Performing this action entices studio gatekeepers to always clear trademarks before utilizing them, in effect, chilling the artistic vision of the director and/or producer.

What happens when businesses take political sides in this fractured political environment? How can a company recover from a public relations misstep? PR veteran and CEO of JoTo PR, Karla Jo Helms,1 joins the Fordham IPLJ Podcast to discuss how a company's inadvertent pro or anti-Trump position can quickly turn a company into a political target. For example, Donald Trump’s executive order banning refugees from seven countries ignited a swift and divisive reaction: 55% of Americans approve while 38% disapprove.2 That divisiveness was echoed by businesses: 100+ tech companies filed a brief arguing against the ban. Ivanka Trump, Trump’s daughter, saw her shoe brand removed from Nordstrom, Neiman Marcus, and Shoes.com post-election.3 During a taxi strike at JFK airport in protest of Trump’s ban, Uber continued its services as usual, which many viewed as an endorsement of the ban. The hashtag #DeleteUber began trending shortly thereafter and over 200,000 customers deleted their accounts.4 The podcast explores how companies, like Uber and Disney, can prevent themselves from becoming the next victim of a political firestorm. Helms says the solution is strategically-planned-out public relations. Helms adds that political commentary is always a risk for businesses: companies fare better when keeping commerce separate from intense subjects with volatile human emotion and reaction. The podcast also explores the recent controversy surrounding podcaster and video game journalist Colin Moriarty.5 On International Women's Day, Colin tweeted out the following: The tweet was met with a mixed reaction. Some saw the tweet as an offensive and sexist statement. Others saw the tweet as a harmless joke. This lightning rod of controversy led the podcasting history buff to leave the company he co-founded Kinda Funny and start his own podcasting endeavor titled Colin's Last Stand. Is this result acceptable or is it the symptoms of a dangerous obsession with political correctness? Don’t forget to also subscribe to the podcast on iTunes (https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285?mt=2) and leave a review!

This episode continues the conversation on trademark issues in the gaming industry. Staff Correspondent Christina Sauerborn talks with Special Guest Kyle Peterson. Kyle is a trademark attorney with Patterson Thuente IP in Minneapolis.1 Kyle is an expert on trade dress issues and has published extensively on trademark and related issues. Christina begins the conversation by discussing Kyle's online domain intellectual property practice. Kyle explains that many companies usually don't clear domains ahead of time, and it is Kyle's job to try and explain the realities of the online marketplace. From there, Chistina transitions into the Cards Against Humanity dispute with SCS Direct.2 Kyle explains that Cards Against Humanity is clearly a senior user with a reputation. Furthermore, Cards Against Humanity has shown an intention to be very protective of their brand. For example, they have threats on their website to destroy any unauthorized expansions: "WE WILL SMASH YOU!" SCS has already made some concessions but have held onto the black and white alleged trade dress. SCS filed suit after a complaint was alleged against them to Kickstarter. The trade dress is unregistered, so SCS is likely making a bet that Cards Against Humanity won't meet the burden to prove the validity of the trade dress claim. Christina and Kyle also discuss economic interests that could inform this legal conflict and future legal disputes. Does it matter that remixes may make the game more marketable and/or profitable? Furthermore, how does the size of the involved companies play into a determination of who will win the legal conflict? In the end Kyle leaves listeners with recommendations for new entrants in the gaming marketplace: Clear your trademarks! Companies should want to build up their branding and reputation. This may involve playing off the original entrants in the marketplace. Overall, the longer a company is in the market, the more that consumers will recognize the product. The key to recognition: Be Distinctive!

How can game companies enforce and address intellectual property and trademark issues? This week, Online Editor Anthony Zangrillo is joined by Attorney Brent Lorentz from the Minneapolis law firm Winthrop & Weinstine1 to explore licensing issues within the gaming industry. These board game disputes often involve a confluence of different intellectual property rights, including copyright, trademarks and patents. However, none of these rights truly protect the essence of the game. They may protect parts of the game, but if one part fails, the protection decreases. Recently, Humanity Hates Trump opened a Kickstarter campaign, in an effort to raise funding and build consumer recognition prior to release.2  They hit a snag, however, when the campaign was removed following a complaint made by Cards Against Humanity (CAH) directly to Kickstarter. In April, the game manufacturer and distributor SCS Direct fought back in Connecticut district court, arguing in their complaint that CAH had “engaged in a campaign to thwart the production and sales of Humanity Hates Trump,” and alleging that CAH’s infringement claims were “baseless.” SCS Direct maintains that they complied with most of CAH’s requested design changes, but refused when CAH asked they change the color of the cards, which remain black-and-white. SCS Direct pointed out that lots of games use black-and-white cards and are unaffiliated with CAH, and furthermore, that CAH has no trademark or trade dress registrations with respect to that design element. The podcast delves into this issue and more in this episode.

This week, Online Editor Anthony Zangrillo is joined by Special Guest Maximilian Kempf to discuss the impact of Davide Carbone v. Cable News Network. Carbone was the chief executive of West Palm Beach, Fla.-based St. Mary's Medical Center until CNN reported in June 2015 that the infant mortality rate for open-heart surgery at the hospital was three times the national average. After aggressive coverage by CNN, he was later forced to resign. Carbone subsequently filed a defamation lawsuit and CNN attempted to strike the lawsuit. U.S. District Judge Orinda Evans ended up rendering Georgia's anti-SLAPP legislation ineffectual. Many states have anti-SLAPP statutes in the interest of guarding against frivolous lawsuits attacking First Amendment activity. Under these SLAPP statutes, plaintiffs have to show a likelihood of prevailing before the case moves any further. In this case, the judge utilized a mere plausibility standard, rather than probability. Under plausibility, plaintiffs will have less hurdles to overcome and move further to discovery. The podcast explores the ramifications of this decision, and the policy arguments for both parties. The Motion Picture Association of America even submitted an amicus brief in this case, likely foreseeing how this decision could make it easier to bring stolen script claims against movie studios. From there, the conversation points to how this decision actually aligns with Trump's threat to open up libel laws and looks to how possible "fake news" claims should be litigated under the current law. As a fun aside, Kyrie Irving's belief that the Earth is flat is discussed as well as the infamous Oscar 2017 "Best Picture" mishap.

Online Editor Anthony Zangrillo is joined by Staff Member Andrew Washburn to discuss some legal topics within the film industry. Last semester, Andrew wrote a blog post on a recent California District Court decision, holding that movie ratings are not "pure commercial speech" and therefore are protected by the First Amendment.1 Anthony and Andrew examine a list of tobacco and alcohol use in famous children's animation films, like Pinocchio and Space Jam, and explore the policy arguments on both side of the ratings/First Amendment debate. Then, Anthony introduces the recent VidAngel decision involving the legality of a service that provides streams of filtered Hollywood movies. While there are obvious public policy benefits to this service, the VidAngel company appears to have tried to follow the prior Aereo decision to support the legality of their business to the dismay of copyright holders. While the movie studios, led by Disney, won the case against VidAngel, Anthony and Andrew expand some of the possible antitrust issues raised by this decision in the context of the filtering market. Finally, Anthony and Andrew talk about the ratings of the Star Wars Franchise and the initial introduction of the popular PG-13 rating, championed by the legendary director Steven Spielberg. Don’t forget to also subscribe to the podcast on iTunes (https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285?mt=2) and leave a review!

This week, Online Editor Anthony Zangrillo is joined by Staff Member Wes Benter and Special Guest Jeff Cohen to talk about breaking into Entertainment Law. Jeff is a prominent transactional attorney and former child actor, best known for playing the role of ‘Chunk’ in the Richard Donner/Steven Spielberg film The Goonies. A co-founder of Beverly Hills based Cohen Gardner LLP, Jeff has been named by Variety to its Dealmakers Impact List and profiled by The Hollywood Reporter, The ABA Journal, Chambers Associate, Law Crossing and others. A distinguished lecturer and active writer, Jeff has authored numerous articles discussing business, technology and entertainment matters for CNBC, The Huffington Post, Backstage, Lawyerist and others.  He is proud to serve on corporate boards in both the non-profit and for-profit arenas. Jeff has published The Dealmaker’s Ten Commandments: Ten Essential Tools for Business Forged in the Trenches of Hollywood. Jeff's book provides a practical, no-nonsense methodology for negotiating deals, managing your time and handling crisis, all at the highest level. Jeff created The Dealmaker’s Ten Commandments to overcome resistance and achieve his goals without losing his soul along the way. Although developed in Hollywood, the real world tactics, strategies and guiding principles are vital for any business environment. More information on the book can be found here: http://dealmakerscommandments.com/ Don’t forget to also subscribe to the podcast on iTunes (https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285?mt=2) and leave a review!

This week, Online Editor Anthony Zangrillo is joined by Staff Member Matt Hershkowitz and Special Guest Mike Schuster, Assistant Professor at Oklahoma State University Spears School of Business. The podcast tackles a recent entrant on the patent landscape: the Invalidity Assertion Entity (IAE). IAEs engage in rent-seeking by demanding payment from patent holders in exchange for not attempting to invalidate their patents through administrative action before the U.S. Patent and Trademark Office. The response to IAEs has been uniformly negative. Reflexive Congressional proposals to terminate the IAE business model were not surprising. In contrast to the common response to IAEs, Mike discusses how profit-driven IAEs may effect socially beneficial externalities and why legislating to end the IAE business model is imprudent. In fact, the IAE may discourage the much-maligned patent troll business model. IAEs are rent-seekers who demand consideration from patent owners in exchange for not attempting to invalidate their patents through an administrative action before the U.S. Patent and Trademark Office. Self-interested IAEs will target patents and patent holders with attributes that maximize the likelihood the IAE will secure a lucrative settlement. Patent trolls exhibit these characteristics and will therefore be disproportionately targeted by IAEs. This practice raises costs and lowers income for patent trolls, which discourages future troll activity. IAEs thus — by pursuing their own profit-driven agendas — further the long-time policy goal of reducing patent troll lawsuits. This conclusion is diametrically opposed to the negative portrayals of IAEs in the media and recent legislative proposals to terminate the nascent business model. Here is a link to 2 articles Mike has written on the topic: Michigan Telecommunications and Technology Law Review, 2016 Wake Forest Law Review, Forthcoming Don’t forget to also subscribe to the podcast on iTunes (https://itunes.apple.com/us/podcast/fordham-intellectual-property/id1158550285?mt=2) and leave a review!

James Sammataro, Managing Partner of Stroock, Stroock, & Lavan’s Miami office returns to the podcast to discuss Paul McCartney's recent declaratory action against music publisher Sony/ATV over the ownership of some of the Beatles’ most famous songs! Mr. McCartney’s suit involves a claim of copyright termination. Under this legal concept, authors — or any creators — have the right to reclaim ownership of their works from publishers after a specific length of time has passed. This concept originated in the 1976 Copyright Act and performers and songwriters have utilized the remedy to regain control of their work. Initially, Mr. McCartney and John Lennon signed a series of publishing contracts in Britain beginning in 1962. The suit contends that in a series of remarks and emails to Mr. McCartney’s lawyers, Sony/ATV executives alluded to the recently decided Duran Duran case and refused to confirm that he could reclaim his rights in popular songs like “Love Me Do,” “I Want to Hold Your Hand” and “All You Need Is Love.”1 The suit asks for a declarative judgment that Mr. McCartney would not be violating any contract by exercising his termination rights.