Thursday, August 26, 2010

NY Times Endorses Eric Schneiderman for NY AG

The race for New York's Attorney General is an important one.  Eric Schneiderman is by far the outstanding candidate in the race, and his endorsement by the New York Times is a real stamp of approval.   His fundraising efforts are bearing fruit and his is moving towards the September 14 primary as the "man to beat".

Former Republican Kathleen Rice, a prosecutor from Nassau County, is also in the race.  According to Newsday, Rice didn't vote for 18 years.   According to Rice, as reported by NY 1:

"It was a mistake, and I readily admit that,” said Rice. “And I spend a lot of my time now speaking to young people and encouraging them not to make the same mistake I did."

A Rice spokesman later added that, until now, the candidate actually never brought up her own personal voting story in those speeches. Although it was the mistake of not voting that has encouraged her to speak to students about the importance of heading to the polls.

How does one "mistakenly" not vote for 18 years?

According to NY 1, Rice registered as a Republican in 1984. For some of us, watching who gains the support of Sheldon Silver is an important determinant in voting.  Rice has the backing of Sheldon Silver's law firm Weitz & Luxenburg, who according to the New York Times is "pouring money into the campaign" of Rice (Weitz accounted for 12% of Rice's total donations).   And when one sees "Republican" and "Nassau County" in someone's resume, one can't help question whether New York's greatest kingmaker, former Sen Al D'Amato, had a hand in the pick.  Was D'Amato's getting to pick Rice the price of D'Amato's support of Andrew Cuomo in the gubernatorial race?  According to Newsday, D'Amato attended a Rice fundraiser and has thrown his backing behind Cuomo.

The last thing New York needs is for its Attorney General to be a puppet of Sheldon Silver.  Here is one reason why those who are skeptical of putting the AG's office into Silver's hands should turn out in droves to support Schneiderman.   In the last redistricting battle, Sheldon Silver took Schneiderman's Upper West Side district away from him.  Redistricting is the ultimate Albany battle, where kingmaker Silver rewards friends and punishes enemies.

Silver redistricted Schneiderman into Washington Heights, confident that Schneiderman would be defeated in the coming election.   To his credit, Schniederman fought back, ran an effective grassroots campaign and crushed his adversary.

Albany is a cesspool.  But Schneiderman, today still serving as State Senator bucked the trend, heading a committee that pushed the expulsion of Hiram Monserrate.

Eric Schneiderman deserves our support. Contribute to the Schneiderman campaign here.

 Purchase Copyright Litigation Handbook from West here  

Wednesday, August 25, 2010

Copyright and Fine Art: Sept 14 CLE Program at New York County Lawyers' Association

Sept 14:  Copyright and Fine Art Continuing Legal Education Program

New York County Lawyers' Association
14 Vesey Street, 2nd Floor Auditorium

Course ID: C091410
Number of Sessions: 1
Credits: 3 MCLE Credits
3 MCLE Credits (NY and NJ*): 3 Professional Practice; Transitional and Non-transitional

Course Description:
Today's digital world relies increasingly on works of fine art. Fine art and the creative process relies on appropriation, mimicry, satire, parody and collage. How does the Copyright Act and the Visual Artists Rights Act fit in? What materials can an artist use? To what degree may an artist protect the integrity of artworks? How does anyone make money?

This lively and entertaining program considers case law involving works of fine art to illustrate current controversies in copyright law that affect painting, sculpture, architecture, photography and video. The principles considered, such as "work for hire" and the "fair use doctrine" apply to all creative and commercial endeavors that use copyrighted materials and should be of interest to those in intellectual property, business law, employment law and litigation.

Program Chair & Faculty: Raymond J. Dowd, Dunnington Bartholow & Miller LLP
Moderator: Hon Stephen G. Crane (Ret.), JAMS Mediator

Raymond Dowd is a member of Dunnington Bartholow & Miller's intellectual property, art law, corporate, litigation and arbitration practice groups. He has broad commercial litigation experience in both federal and state courts, and has represented copyright, trademark and domain name owners, broadcasters, distributors and content providers in transactions and litigation, representing both plaintiffs and defendants. Mr. Dowd represents collectors and dealers of fine art and has litigated disputes involving authenticity, forgery, ownership and provenance. Mr. Dowd regularly speaks to trade associations on copyright, fine art, trademark and litigation issues, and participates in organizing continuing legal education programs. His 2009, Copyright Litigation Handbook (West 2010), was called "an indispensable guide" by The New York Law Journal.

Purchase Copyright Litigation Handbook from West here  

Saturday, August 21, 2010

Federal Bar Association Fifth Circuit Swearing in Ceremony - September 24

 The Vice Presidents of the
Federal Bar Association
for the Second Circuit
invite you to be sworn in to the
Honorable Edith H. Jones Presiding
Chief Judge of the
Fifth Circuit Court of Appeals
Date: September 24, 2010
Time: 8:00 a.m.
Place: New Orleans – Federal Bar Association Convention

Respectfully submitted,
Raymond J. Dowd
Amy Nussbaum Gell
Vice Presidents for the Second Circuit

R.S.V.P. Attendees must register at
(early bird registration ends Sept 2)
Organized by the New Orleans Chapter of the Federal Bar Association
To join our Second Circuit delegation please r.s.vp. to
Tel: (212) 682-8811

Purchase Copyright Litigation Handbook from West here  

Copyright Law Practitioners: Legal Research Database for IP Lawyers Now Has Copyright Litigation Handbook

The All Intellectual Property Analytical Database on Westlaw which contains such classics as McCarthy on Trademarks now contains Copyright Litigation Handbook.   If your firm or law school subscribes to this library, you can access the Copyright Litigation Handbook 2010, which just shipped last week, by typing database identifier COPYLITIG into Westlaw.

For more information about Copyright Litigation Handbook 2010, plus detailed information on its contents, see my last blog post here.

Here is a list of the contents of the All Intellectual Property Analytical Database on Westlaw.

ABI-BANKIP Bankruptcy and Its Impact on Intellectual Property

ADVEBUS Advising eBusinesses

AFAVIP Assets and Finance: Audits and Valuation of Intellectual Property, Internal Controls, Materiality, and Investment

AFINS Assets and Finance: Insurance Coverage for Intellectual Property and Cyber Claims

AIPLAQJ AIPLA Quarterly Journal

ALBLJST Albany Law Journal of Science and Technology

ALR-PAT American Law Reports–Patents

AMJURLF-PAT American Jurisprudence Legal Forms 2d: Patents

AMJUR-PAT American Jurisprudence 2d: Patents

ANEBUSLB Andrews E-Business Law Bulletin

ANPATDIG Annotated Patent Digest (Matthews)

ARTARCHLAW Art, Artifact, Architecture, and Museum Law

BERKTLJ Berkeley Technology Law Journal

BFIPLJ Buffalo Intellectual Property Law Journal

BIOTECHLAW Biotechnology and the Law

BUJSTL Boston University Journal of Science and Technology Law

CALCIPDAM Calculating Intellectual Property Damages

CALLMANN Callmann on Unfair Competition, Trademarks, and Monopolies

CCGINTLP Corporate Counsel's Guide to Intellectual Property: Patents, Copyrights, Trademarks, and Trade Secrets

CCGPTRSE Corporate Counsel's Guide to Protecting Trade Secrets

CCGRCOMP Corporate Counsel's Guide to Relations with Competitors

CCGUNFCOM Corporate Counsel's Guide to Unfair Competition

CCGWARR Corporate Counsel's Guide to Warranties

CDZAELJ Cardozo Arts and Entertainment Law Journal

CHIKJIP Chicago-Kent Journal of Intellectual Property

CJS-PATENT Corpus Juris Secundum: Patents

CLAIMCFC Claim Construction in the Federal Circuit

CLMJLA Columbia Journal of Law and the Arts

COMENT Hastings Communications and Entertainment Law Journal (COMM/ENT)

COMPINF Computer and Information Law Digest

COMPSOFT Computer Software: Protection, Liability, Law, Forms

COPYLAW Law of Copyright

COPYLBP Copyright Law in Business and Practice

COPYLITIG Copyright Litigation Handbook

COPYWORLD Copyright Throughout the World

CORPC-IP Corporate Compliance Series: Intellectual Property

CYBERCRLR Cybercrime Law Report

DATASPL Data Security and Privacy Law: Combating Cyberthreats

DOMAIN-GPP Domain Names–Global Practice and Procedure

DPLJATIP DePaul Journal of Art, Technology, and Intellectual Property Law

DUKELTR Duke Law and Technology Review

DUWORLD Designs and Utility Models Throughout the World

ECKLICN Eckstrom's Licensing in Foreign and Domestic Operations

ECKLICN-FO Eckstrom's Licensing in Foreign and Domestic Operations: The Forms and Substance of Licensing

ECKLICNFO-FRAN Eckstrom's Licensing in Foreign and Domestic Operations: Forms–Franchising

ECKLICN-JV Eckstrom's Licensing in Foreign and Domestic Operations: Joint Ventures

ENTERTAIN Entertainment Law: Legal Concepts and Business Practices

ENTLR Entertainment Law Reporter

EUROPATENT Guide to European Patents

EXPWIT-IP Expert Witnesses: Intellectual Property Cases

FDMIPMELJ Fordham Intellectual Property, Media, and Entertainment Law Journal

FIP-TBMP1D Trademark Trial and Appeal Board Manual of Procedure, First Edition

FIP-TBMP2D Trademark Trial and Appeal Board Manual of Procedure, Second Edition

FIP-TMEP2D Federal Intellectual Property–Trademark Manual of Examining Procedure, Second Edition

FIP-TMEP3D Federal Intellectual Property–Trademark Manual of Examining Procedure, Third Edition

FIP-TMEP4TH Federal Intellectual Property–Trademark Manual of Examining Procedure, Fourth Edition

FIP-TMEP5TH Federal Intellectual Property–Trademark Manual of Examining Procedure, Fifth Edition

FIP-TMEP6TH Federal Intellectual Property–Trademark Manual of Examining Procedure, Sixth Edition

FRANCHDIST Franchise and Distribution Law and Practice

FRANCHRR Franchising Realities and Remedies

GENPHARMA Generic Pharmaceutical Patent and FDA Law

GLCYLAW Cyberspace Lawyer

GLEBLCR Electronic Banking Law and Commerce Report

GLECOMLR E-Commerce Law Report

GLEFILR E-Filing Report

GLERISALR ERISA Litigation Reporter

GLFDLR Futures and Derivatives Law Report

GLILR Internet Law Researcher

GLINTCON Internet Connection


GLPRINLR Privacy and Information Law Report

GLSLR Securities Litigation Report

GLWSLAW Securities in the Electronic Age

HECTEC E-Commerce and Technology

HVJLT Harvard Journal of Law and Technology

IDEA IDEA: The Intellectual Property Law Review

INFOLAW Information Law

INTERNET Internet Law and Practice

INTRPARTES Inter Partes Reexamination

IPCOMMERCE Intellectual Property in Commerce

IPDD Intellectual Property Due Diligence in Corporate Transactions

IPLBL Intellectual Property Law for Business Lawyers

IPLITGUIDE Intellectual Property Litigation Guide: Patents and Trade Secrets

IPMA Intellectual Property in Mergers and Acquisitions

IP-PROFDIR International Professional Directory

IP-STRAT IP Strategy: Complete Intellectual Property Planning, Access, and Protection

IP-TP-PRO Intellectual Property Analytical Library Combined

ISJLP I/S: A Journal of Law and Policy for the Information Society

JCPS Journal of the Copyright Society of the U.S.A.

JIPL Journal of Intellectual Property Law

JLTECH Journal of Law and Technology

JMARJCIL John Marshall Journal of Computer and Information Law

JMARRIPL John Marshall Review of Intellectual Property Law

JPNPATLIT Japanese Patent Litigation

JPTOS Journal of the Patent and Trademark Office Society

LAWLIT Law and Literature

LBCOMPSW Law and Business of Computer Software

LCOMTECH Law of Computer Technology

LEGALWORKS LegalWorks Newsletter Multibase

LICENSATM Licensing and the Art of Technology Management

LICLAW Licensing Law Handbook

LINDEY3D Lindey on Entertainment, Publishing, and the Arts, 3d

LMCL Law of Merchandise and Character Licensing

LYLAELR Loyola of Los Angeles Entertainment Law Review

MARQIPLR Marquette Intellectual Property Law Review

MARQSLR Marquette Sports Law Review

MCCARTHY McCarthy on Trademarks and Unfair Competition

MEDDEVPAT Medical Device Patents

MEDIAWORLD Media, Advertising, and Entertainment Law Throughout the World

MITTLR Michigan Telecommunications and Technology Law Review

MODLICENLAW Modern Licensing Law

MOY-PAT Moy's Walker on Patents

MPATLAWP Modern Patent Law Precedent

NANOLB Nanotechnology Law and Business

NANOTECH Nanotechnology Law

NCJLT North Carolina Journal of Law and Technology

NICHOLS-LFPAT Nichols Cyclopedia of Legal Forms: Patents

PATAPP Patent Applications Handbook

PATBASICS Patent Law Basics

PATCLAIM Patent Claims

PATDAMAGES Patent Damages Law and Practice

PATDIGEST Federal Circuit Patent Case Digests

PATENT-JI Patent Jury Instruction Handbook

PATFORMS Patent Official Forms

PATLAWF Patent Law Fundamentals

PATLAWHAND Patent Law Handbook

PATLEGECON Patent Law: Legal and Economic Principles

PATLWHB-OLD Patent Law Handbook Old

PATPRACFRM Patent Law Practice Forms

PATRYCOPY Patry on Copyright

PATRYFAIR Patry on Fair Use

PAT-TP-PRO Patent Law Analytical Library Combined

PATWORLD Patents Throughout the World

PMPEP Practitioner's Manual of Patent Examining Procedure

PRELITPAT Pre-Litigation Patent Enforcement

PROTIPBORD Protecting Intellectual Property Rights Across Borders

REELGUIDE Film and Multimedia and the Law

RMDJLT Richmond Journal of Law and Technology

RTPUBPRIV Rights of Publicity and Privacy

RUCTLJ Rutgers Computer and Technology Law Journal

SCCHITLJ Santa Clara Computer and High Technology Law Journal

SHJSEL Seton Hall Journal of Sports and Entertainment Law

SPLAWJ Sports Lawyers Journal

STATECOM State Computer Law: Commentary, Cases, and Statutes

TDPROT Trade Dress Protection

TECHLIC Multimedia and Technology Licensing Agreements

TLNJTIP Tulane Journal of Technology and Intellectual Property

TMARKR Trademark Reporter, The

TMPJSTEL Temple Journal of Science, Technology, and Environmental Law

TMPRACFORM Trademark Law Practice Forms, 2d

TMPRWLD Trademark Practice Throughout the World


Trademark Practice Throughout the World: Franchising

TM-TP-PRO Trademark Law Analytical Library Combined

TMWORLD Trademarks Throughout the World

TRADESEC Trade Secrets Throughout the World

TRDSECRT Trade Secrets Law

TTABPP Trademark Trial and Appeal Board Practice and Procedure

TXIPLJ Texas Intellectual Property Law Journal

UBAIPLJ University of Baltimore Intellectual Property Law Journal

UCLAELR UCLA Entertainment Law Review

UCLAJLT UCLA Journal of Law and Technology

UILJLTP University of Illinois Journal of Law, Technology, and Policy

UMIAESLR University of Miami Entertainment and Sports Law Review

UNFAIRCOMP Federal Unfair Competition: Lanham Act 43(a)

USPTOTM-RULES USPTO Trademark Filing Rules

VAJLT Virginia Journal of Law and Technology

VLSELJ Villanova Sports and Entertainment Law Journal

WEST-LFPAT West's Legal Forms: Patent Law

WJCOMPI Westlaw Journal Computer and Internet

WJENT Westlaw Journal Entertainment Industry

WJINSC Westlaw Journal Insurance Coverage

WJINTPROP Westlaw Journal Intellectual Property

YJLT Yale Journal of Law and Technology


Purchase Copyright Litigation Handbook from West here  

Sunday, August 15, 2010

Copyright Law: Copyright Litigation Handbook 2010 Now Shipping

My publisher West has informed me that Copyright Litigation Handbook 2010 is now being shipped.  This year there's been a tremendous number of developments in copyright law, dealing with the Copyright Office, and the relevant Federal Rules of Civil Procedure and keeping up has been a tremendous task.

The Copyright Litigation Handbook 2010 contains a full text of the Copyright Act 17 USC 101 et seq, the Copyright Act of 1909, the Federal Rules of Evidence and the Federal Rules of Civil Procedure.   That means that it's a quick and easy desk reference.  It contains checklists, forms and updated case citations.

Unlike other books on copyright law, the Copyright Litigation Handbook aims to help copyright law practitioners figure out how to deal with the unique procedures arising from handling a copyright case, from pre-and post-litigation interactions with the Copyright Office through handling every aspect of a litigation that may arise in dealing with the federal courts.  It will help both beginners and experts.

No other book out there tries to help you figure out how to get these problems resolved in a practical way.

Since the first version of Copyright Litigation Handbook was published in 2006, the content has expanded over 60%, reflecting the addition of new chapters, new sections and expanded case coverage.   The Copyright Litigation Handbook is designed for attorneys who must navigate the issues from the first client interview, through a trial and final appeal. 

You can find a detailed summary of Copyright Litigation Handbook's contents here.  For some more information on me from the West Expert Directory, check here.

Practitioners who subscribe to Westlaw can access Copyright Litigation Handbook through the database COPYLITIG.   If your law firm has the All Intellectual Property Analytical Database on Westlaw, COPYLITIG is included.  More information on the scope of COPYLITIG here.

I believe that law students get free subscriptions as part of a student account at law school.  For student discounts, copyright law professors and law librarians please contact your West rep.

Here are some of the reviews for Copyright Litigation Handbook:

5.0 out of 5 stars A great resource, October 8, 2009  By Joseph Petersen - Kilpatrick Stockton

Raymond J. Dowd, an experienced trial lawyer and partner with Dunnington, Bartholow & Miller LLP, has written a long-overdue work. His Copyright Litigation Handbook provides a straightforward overview and is chockablock with insightful and practical information. Mr. Dowd is liberal in his inclusion of excerpts from relevant statutes, including not only the Copyright Act, but also the Federal Rules of Civil Procedure and the Federal Rules of Evidence, and his book provides numerous sample forms. Mr. Dowd's Copyright Litigation Handbook will long be a valuable resource for copyright litigators; I am confident that it will be squeezed into trial bags for years to come.

Joseph Petersen, Kilpatrick Stockton LLP  -5.0 out of 5 stars Copyright Litigation Handbook

By Corey Field (Los Angeles, CA)

I have read this entire book. It is extraordinary for more reasons than I have space here to enumerate. It is a book about copyright law for litigators, and it is at the same time a book about litigation for copyright lawyers. It is written for a broad audience of attorneys whose practice may touch upon copyright law, but it is also a great practice overview for an experienced copyright lawyer. It is organized in a logical way proceeding from case evaluation through trial. Throughout, it offers nuggets of advice that are extremely valuable - the sort of experienced advice that makes a huge difference in the development of one's legal abilities.

Corey Field, Ballard Spahr Andrews & Ingersoll, LLP

By David Wolfsohn:

Until Raymond Dowd wrote this book, there simply was no litigation-friendly guide to copyright litigation. Thank goodness Mr. Dowd chose to devote the equivalent of several years of time and effort to write this book, and to update it with this 2009 edition. This is the book that both occasional dabblers in copyright should go to first (which I wish I had when I started out), as well as now-experienced copyright litigators like me. It is the book I go to first when drafting a complaint (or even when deciding whether to sue), and consult when beginning to prepare for trial. Everything is litigation oriented, so one doesn't need to wade through abstract theorizing to get a sense for how you can use the current state of the case law to your client's advantage. The forms for a complaint and other litigation papers are particularly useful. And the ideas for motions in limine are priceless, and as far as I know, a unique feature of this book. --

David Wolfsohn, Woodcock Washburn LLP.

 Purchase Copyright Litigation Handbook from West here  

Art Litigation: 9th Circuit Blocks Spain from Laundering Stolen Art in Cassirer v. Kingdom of Spain

A major international issue is whether a government can purchase a pile of stolen art and then claim immunity under the Foreign Sovereign Immunities Act 28 U.S.C. 1604 when it then makes the stolen art a tourist attraction and markets it to Americans.

Under U.S. law, receiving stolen property is a crime.  18 USC 662.

Spain scored a cultural coup in the 1990's by purchasing the tainted Thyssen-Bornemisza Collection which was compiled by a famous Nazi family.  Spain put the art collection into a "foundation" and tried to insulate it from claims from an American Jew named Claude Cassirer whose grandmother Lilly had been spoliated by the Nazis in the widely-reported case Cassirer v. Kingdom of Spain.

Austria did this by creating the "Leopold Foundation" to "own" the Leopold Museum.  These "foundations" are legal fictions set up to shield the stolen art from legal claims in violation of international law.  Creation of the Leopold Foundation violates the Austria State Treaty Article 26 which unconditionally requires Austria to return property stolen from Nazi persecutees.   Art 26 has no time limitations and is a continuing obligation that Austria has spent decades avoiding, with the complicity of the U.S. State Department.  More on Rudolph Leopold and the Leopold Foundation here.  Rather than treating Rudolph Leopold as the serial criminal that he was, purchasing stolen property and laundering provenances over the course of decadek, a fawning international art press lionizes him as a "collector" downplaying the facts that he died on theeve of his criminal trial in the U.S. in the Portrait of Wally case.

Now Spain is in the game by snapping up artworks with creepy Nazi provenance and plastering famous Nazi names all over downtown Madrid.  See


The late collector Heini Thyssen forced himself to forget his family’s Nazi involvement, but so did the countries that vied for his and his father’s pictures in the 1980s. This well documented book gives the details.

By Anna Somers Cocks
Posted 01 March 2007- From The Art Newspaper

It was the Allies themselves, especially the Americans, who decided to let bygones be bygones and help revive the Thyssen empire in the interest of the German economy and opposing the Soviets. Before Berlin was even taken, Thyssen Gas and Water was working with the Allied Military Governor and by 1948, Bremer Vulkan, the Thyssen shipyard that had made U-boats for the Nazis, had orders from the Allies worth DM11.25m. The fact that in 1946, Averell Harriman, who in January 1941 still nominally held the Thyssen shares in their BVHS bank, became Secretary of State for Commerce almost certainly helped the family get back their banking assets.

Forty years pass and in 1986 the word gets out that Heini Thyssen is thinking of moving his collection from the Villa Favorita on Lake Lugano. Countries fall over themselves to get hold of it (including Prime Minister Thatcher—the only time she takes a direct interest in the arts) and the Nazi past never gets mentioned. As Heini intended from the outset—because it was what his new Spanish wife, Tita, wanted—Spain wins, and in 1993 pays $350m for half the collection.

But check out Wikipedia on the Thyssen-Bornemisza family - not a single mention of the fact that the collection was built from stolen artworks and money from a family that ran its own concentration camp:

In addition, Heini’s brother Stephan, who remained in Germany during the war, was chairman of the board of MABAG, a company that sank mine shafts, built machinery, including parts for the V1 and V2 rockets that bombed Britain, and built petrol storage installations. Together with IG Farben, it constructed the Reich’s main fuel-storage depot in the Kohnstein mountains. By the end of 1943 there were more than 10,000 forced labourers living underground and by October 1944, it had become a concentration camp in its own right, Mittelbau, which would hold 60,000 prisoners of whom 20,000 were worked to death. In addition, a US government memo in the Washington Archives says that in 1943, one in two miners in the Thyssen’s Walsum mine was a slave labourer.

So it's a good thing that on August 12, 2010 the Ninth Circuit decided en banc that Spain's Thyssen-Bornemisza Collection Foundation is not immune from suit in the United States under the Foreign Sovereign Immunities Act (FSIA) 28 USC 1605.

The Ninth Circuit decided two good things: 1. that Claude Cassirer was not required to "exhaust" his remedies against Spain in a Spanish court prior to bringing a claim in the US and 2. that Spain's possession of expropriated property together with its commercial activities in the US (e.g., selling pictures of the stolen work to American consumers) exempted Spain from claiming sovereing immunity to suit.

Below is the YouTube video where attorney Thad Stauber of Nixon Peabody gives the Ninth Circuit's panel a "shout out" from William Barron of Smith Gambrell, who represents both Thyssen-Bornemisza and the Leopold Foundation in the Portrait of Wally case.  The argument is really worth watching, kudos to the judge who analogizes the case to the "pawn shop" scenario.

The Ninth Circuit decision below:

Art Litigation: Cassirer v Kingdom of Spain - Camille Pissarro

 Purchase Copyright Litigation Handbook from West here