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Upcoming Zoom Event

Wednesday, April 14, 2021

@ 12:30 p.m. (PST)


 Zooming in on the Boom in

Photography Litigation


The past decade has been tough for photographers. Many have seen their incomes plummet, as the easy availability of a “right-click license” replaced an untold number of real, paid licenses. This boom in infringement has inevitably led to a boom in demand letters and actual lawsuits by photographers seeking redress for unauthorized uses of their works online, largely filed in the Southern District of New York by small firms that range from “aggressive” to “ethically challenged.”

For April’s event we are excited to be joined by two New York-based litigators who have been in the center of some of the most high-profile copyright battles over photographs in recent years: Nancy Wolff of Cowan DeBaets Abrahams & Sheppard, who has represented many prominent photographers as well as photo-licensing agencies including Getty Images, and Lance Koonce of Davis Wright Tremaine, who has defended media companies accused of infringing photographers’ copyrights.

Nancy and Lance will address several of the hot topics raised by the recent proliferation of photography litigation, including:

  • The business practices and technological developments that have led to the proliferation of copyright suits by photographers
  • The novel copyright and contract issues raised by the practice by some of embedding or framing photographs that were originally posted to social-media sites such as Twitter and Instagram, including the viability of the “server test”
  • When does an unlicensed use of a photograph constitute a fair use?  Can the subject of a photograph really be sued for posting an image of herself?
  • The litigation tactics of certain attorneys representing photographers, and possible responses. Or, what’s the difference between photographers’ legitimate enforcement of their rights, and "copyright trolling”?
  • The newly-passed CASE Act and whether this new forum which does not require lawyers will change the landscape


The panel discussion will be moderated by AJ Thomas of Jenner & Block, who is an experienced media and entertainment litigator focusing on copyright and trademark matters, First Amendment cases, and complex business litigation.

Register Here

Nancy E. WolffLance Koonce

Andrew J. Thomas


Reading Materials






2020-2021

OFFICERS & TRUSTEES

Officers


Catherine Bridge
President
The Walt Disney Company

Joel Tantalo

President-Elect

Tantalo & Adler LLP

Andrew J. Thomas
Vice President
Jenner & Block


Vivian S. Lee

Treasurer
The Walt Disney Company

Dan Nabel
Secretary
Riot Games

Trustees

Peter Anderson
Davis Wright Tremaine LLP

Jacqueline Charlesworth

Charlesworth Law

Daniel M. Flores

Metro-Goldwyn-Mayer Studios Inc.

Jamie Frieden

Charlesworth Law

Caroline Mankey
Akerman LLP

Jennifer E. Rothman

LMU Loyola Law School


Ben Sheffner

Motion Picture Association, Inc.

Ian Slotin
NBCUniversal

John Ulin
TroyGould

Immediate Past President

Aaron Moss
Greenberg Glusker

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