First Admitted: 1985, New York

Professional Webpage: http://www.literarypropertylaw.com/

Bar/Professional Activity:

Copyright Society of the U.S.A. (1993-present); International Trademark Association (2010- present); The Association of the Bar of the City of New York (Member: Copyright and Literary Property Committee, 1993-1996, 2002-2005, 2006-2009, 2012-2015, 2018-2021; Trademark and Unfair Competition Committee, 2009-2012, 2015-2018; Information Technology Law Committee, 1999-2002; Entertainment Law Committee, 1996-1999; Ad Hoc Information Superhighway Working Group, 1993-1994); New York State Bar Association (Member: Entertainment, Arts and Sports Law Section; Former Member, Committee on Literary Works and Related Rights); American Bar Association (Former Member, Section on Intellectual Property Law; Chair, Subcommittee on Joint Works and Works for Hire, 1998; Member, Subcommittee on Formalities, 1997-1998); Princeton University History Department Advisory Council (2000-2004)
1985, New York; 1986, U.S. District Court, Southern and Eastern Districts of New York

Verdicts/Settlements (Case Results):

Houghton Mifflin in Eisen, Durwood & Co., Inc. v. Tolkien, 794 F. Supp. 85 (S.D.N.Y. 1992), aff’d, 990 F.2d 623 (2d Cir. 1993)
Branch v. Ogilvy & Mather, 16 U.S.P.Q. 2d 1179 (S.D.N.Y. 1990)
Childress v. Taylor, 945 F.2d 500 (2d Cir. 1991)

Representative Clients:

The American Jewish Committee (2003 - present)
Well-Trained Mind Academy, Well-Trained Mind Press (Fall 2014 - present)
Refinery 29 Inc. (Spring 2015 to present)
W.W. Norton & Company (2014 - present)

Educational Background:

Princeton University, B.A. (summa cum laude, Phi Beta Kappa), 1981

Scholarly Lectures/Writings:

Checklist of areas to monitor to make sure one's website remains legally up-to-date, co-author (with Paul Ellis), “Web Site Checklists: Minding Your Company’s Virtual Storefronts", Inside, Journal of the New York State Bar Association Corporate Counsel Section (Fall 2013/Vol. 31, No. 2), 2013
A presentation for startup founders on basic principles and practices of copyright and trademark law that can affect their key assets., Speaker, NY Tech Alliance’s Your Ownership & Rights – IP for Startup Founders, Trademark and Copyright Tips and Traps https://www.youtube.com/watch?v=fXnfc6ra__I (2/21), 2021
Basics of copyright ownership and transfer, Speaker, “Basic Principles of Copyright Law and Copyright Office Practice”, Practising Law Institute’s Fundamentals of Copyright Law in the Data Era 2018 (6/2018), Media, Software, Other Content Industries, 2018
Guide to authors about how to understand their indemnification obligations under most book publishing agreements and how to avoid situations in which they might have to fulfill those obligations., Author, “Writers, Take Warning: Things Every Writer Should Know Before Signing a Book Contract", Authors Guild Bulletin (Summer 2016), Book Publishing/authors, 2016
Guide for authors to entering into website development agreements, Author, Don’t Get Caught in a Web(site)" Authors Guild Bulletin (Winter 2015), Authors Guild Bulletin (Winter 2015), 2015
Summary of how to register a website for copyright in 1998, Author, "How (and Why) to Register a Web Site for Copyright,", The Intellectual Property Strategist (4/98-5/98), 1998
About the 2012 district court decision in the ReDigi case, Author, “Will Anyone Crack the Used E-Book Market?", Authors Guild Bulletin (Spring/Summer 2013), Book Publishing - Authors, 2013
How to register trademarks for services provided through websites, Author, "Registering Service Marks That Are Used on Web Sites", The Intellectual Property Strategist (10/98), All, 1998
"Trademark Traps, Copyright Concerns, and Limiting Liability in Cyberspace," Advanced Forum for Cyberspace Advertising and the Law (1/99)
"Record-Label Names as Trademarks: Enforceable or Expendable?" New York State Bar Association Entertainment, Arts and Sports Law Journal (Spring 07)
"What's in a name?" Folio (2/94)
"Protect ownership of your title," Folio (08/94) "Fair Use of Images and Illustrations," Small Press Center News (Spring 1994)
Lecture about the reasoning behind and implications of the Second Circuit's decision in the ReDigi case, Speaker, “ReDigi, The First-Sale Doctrine, and the Sale of “Used” Digital Works” (3/19), Practising Law Institute’s Advanced Copyright Law 2019: Current Issues,, Digital Media, 2019
Explanation of various clauses in book publishing agreements, Author, "Contract Catches: Option Clauses [in Book Publishing Agreements],", Romance Writers' Report (01/05), Book Publishing/romance Writers/other Authors, 2005
"If the Shoe Fits: Copyrightability in Three-Dimensional Works," New York City Bar Association Continuing Legal Education, Advanced Topics in Copyright Law (5/07)
"Copyright Ownership and Transfer," New York City Bar Association Continuing Legal Education, Copyright Basics for Beginners & Non-Specialists (11/07)
"Web Site Rights and Wrongs: Key Legal Issues in the Creation and Operation of Web Sites," New York Business Law Journal (Summer 2010/Vol. 14, No. 1)
Discussion of legal authorship requirements, Author, "When Is an Author Not an Author?", Authors Guild Journal (Spring 2012), 2012
Legal standards of joint authorship, Author, "What Do You Mean, I'm Not a Joint Author?", Authors Guild Bulletin (Spring 2013), Book Publishing/authors, 2013
"Don't Get Caught in a Web(site)", Authors Guild Bulletin (Winter 2015)
"Son of 'Son of Sam': Crime Still Doesn't Pay (Royalties)," NYSBA Entertainment, Arts and Sports Law Journal (10/93)
Selecting Technology for Practice at Home," The New York Law Journal (01/95)
"Libel in Cyberspace," Folio (9/95) "Has a competitor gotten hold of your list?" Folio (05/95)
"A Lawyer's Ramble Down the Information Superhighway," Sections on Copyright, Trademark and Defamation, 64 Fordham L. Rev. 697 (December 1995)
"Online service contracts," Folio (3/98)
"Drafting Tips in Domain Name Purchase Agreements," The Intellectual Property Strategist (8/96)
"Update on Domain Name Transfers," The Intellectual Property Strategist (10/96)
"Electronic Rights: Issues Online," The Bookwoman (Women's National Book Ass'n) (Fall 96)
"Master your Internet domain name," Folio: The Magazine for Magazine Management (1/97)
"Trademark Traps on the Net," The Intellectual Property Strategist (12/97)

Industry Groups:

Licensing
Mobile Apps
Publishing
Start-ups

Jessica R. Friedman

Jessica R. Friedman

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