Top Rated Intellectual Property Attorney in Boca Raton, FL

Newsletters

• Intellectual Property and Entertainment LawToday's Topic: The Latest Intellectual Property NewsDear Client,2020 is certainly leaving its mark on history. With the Coronavirus pandemic still making an impact across the world, and rallying cries for societal change that demand our attention and action, it’s easy to have missed recent developments in entertainment and intellectual property law. However, the entertainment and intellectual property law world has been active and evolving. Take a look at the controversies that have made headlines so far in 2020, and be sure to visit our blog to stay up to date with all of these cases and more.Big Company Owes Big BucksCox Communication was sued by more than 50 companies claiming the internet service provider repeatedly ignored infringement notices and allowed hundreds of thousands of infringements. This suit was not the first that Cox Communication faced; but, considering the jury found that it was liable for 10,017 counts of infringement worth $99,830.29 each, hopefully it will be their last. The final verdict added up to $1,000,000,000.00! As an update since our initial blog, Cox Communication’s Motion for New Trial was denied, their post-trial motion for judgment as a matter of law was granted in part, and the Court will reconsider whether all 10,017 infringements will count toward the final judgment. The two questions still being considered as to that issue are: “(1) whether ‘compilations’ of certain songs render them ineligible for individual awards; and (2) where Plaintiffs allege infringements of both a musical composition…and a sound recording…in the same song, whether Plaintiffs are limited to one statutory award.” A “Yes” to either of those questions would result in a reduction of the $1 billion jury award. See, Sony Music Entm't v. Cox Communs., Inc., United States District Court for the Eastern District of Virginia, Case No. 18-cv-950-LO-JFA, Memorandum Opinion & Order dated June 2, 2020.Drake’s Use was FairAubrey Graham, better known by his stage name - Drake, was recently cleared of copyright infringement by the Second Circuit Court of Appeals affirming his use of a spoken-word song from 1982 was considered fair use. The 35-second clip used from James Smith’s “Jimmy Smith Rap,” was found to be transformative, the clip itself was not a substantial amount and the new use did not affect any potential markets for the original song. This case allowed for a defendant to be victorious in a situation where historically Courts side with plaintiffs – could this be a shift across the board or just a one-time thing?Graffiti Can – and will - Be ProtectedNew York City attraction 5Pointz was a graffiti mecca attracting the top international graffiti artists to come and make their mark. On night in 2013, the owner of the building whitewashed over thirty years of work. Although he was the owner of the building, Jerry Wolkoff did not wait for the proper permits before destroying the art. Artists joined together – 21 total – and filed suit again Wolkoff under the Visual Artists Right Act of 1990 – and won. The verdict was $6.7 million and withstood the February 2020 appeal. This case in particular highlights the reach of the Visual Artists Rights Act of 1990 (VARA) and the wide reaching types of art that fall under the protections of this Act. Keep your eyes peeled for more artists and creators using VARA’s causes of action to protect their works!Celebrity Not-So SelfieMandy Moore is the most recent celebrity to be taken to court over a photo of herself - taken by someone else. Paparazzi photographer Josiah Kamau has sued the singer over copyright infringement, after she posted his photo of her to her Instagram story. This photo, and dozens other belonging to Kamau, is federally registered with the United States Copyright Office and therefore eligible for statutory damages of up to $150,000. The case has just begun but will likely not be the last of its kind – social media presence is becoming a necessity for celebrities and they seem to always need photos of themselves. It looks like soon celebrities may be paying a pretty penny to license paparazzi photos of themselves to use on their social media platforms, or risk similar lawsuits. Note: Moore and her touring company, both defendants in this suit, have yet to be served in this action, as of the writing of this newsletter in early June 2020.Intellectual property is a business asset that needs to be protected.Do you have a question about intellectual property? Our firm regularly deals with copyright, trademark, and patent cases and transactions. If you have questions about registering, licensing, or protecting your IP, contact us for a free consultation. (561) 953.9300 or visit us online at www.Lomnitzerlaw.com.Please note: This newsletter is intended to provide general information which should not be taken as legal advice.Our Firm Provides Intellectual Property and Entertainment Law Representation for Your Clients Copyright Trademark Patent Licensing Trade Secrets Commercial Litigation Internet Attacks Entertainment Music Film Television Theater Radio SportsContact UsConnect with us on FacebookThe Lomnitzer Law Firm, P.A.7999 N. Federal HighwaySuite 202Boca Raton, FL 33487 Toll Free: (800) 853-9692Palm Beach: (561) 953-9300Broward: (954) 839-9900Dade: (786) 332-6000Fax: (561) 953-3455 Copyright © 2020 The Lomnitzer Law Firm, P.A. All rights reserved. Email: Website: www.Lomnitzerlaw.com, June 2020 Newsletter, Lomnitzer Law Firm

Bar/Professional Activity

• The Florida Bar Business Law Section, Past and Present
• Florida, Southern District
• State of Florida
• State of Tennessee
• Florida, Middle District
• United States Court of Appeals for the Federal Circuit
• The Florida Bar, Business Law and Entertainment Arts and Sports Law Sections, 2020
• United States Court of Appeals for the 11th Circuit
• Appointed by the Florida Bar to serve on the Florida Bar Media & Communications Law Committee , 2020
• 2020 IP Symposium Steering Committee, 2020
• Admitted to the Tennessee Bar, 2020
• American Bar Association (ABA) American Intellectual Property Law Association (AIPLA) Broward County Bar Association (BCBA), Entertainment and Sports Law Section The Florida Bar, Business Law and Entertainment Arts and Sports Law Sections Past Director of South Broward Bar Association Florida Entertainment and Sports Law Section member Palm Beach County Bar Association The Recording Academy

Educational Background

• UCLA (B.A., Economics), 2002

Honors/Awards

• , Superlawyers, Superlawyers, 2021
• , Palm Beach Illustrated Top Lawyer in Palm Beach County, Palm Beach Illustrated, 2022
• , Palm Beach Illustrated top Lawyer in Palm Beeach county, Palm Beach Illustrated, 2021
• , Whittier Law School Certificate in Intellectual Property Law, 2007
• , Super Lawyer/Rising Star, 2014-2017 and 2021
• Palm Beach Illustrated, Top Lawyers 2019  Intellectual Property, Palm Beach Illustrated, Top Lawyers 2019, Palm Beach Illustrated, 2019
• Avvo Rating 10.0, Avvo Rating 10.0, Avvo, 2020
• Certificate in Intellectual Property Law, Whittier Law School, 2007
• Rising Star, SuperLawyers, 2014
• AV Preeminent Peer Review Rated, 2014 - 2021, Martindale-Hubbell

Scholarly Lectures/Writings

• I was a speaker at the 2022 IP symposium on Copyrights, Speaker, IP Symposium/ Year in Review , Intellectual Property, 2022
• Florida Entertainment and Sports Law Section (EASL), 2008 Retreat Lecture Series, “How to Advise Your Clients in Your Practice of law in the Digital Age regarding Intellectual Property Rights Protection and Infringement in the New Digital Era.” ABA forum on the entertainment and sports industries: From Hollywood to South Beach, the 2nd Annual International Legal Symposium on the World of Music, Film, Television and Sports, 2011. March 2013, The Florida Bar Intellectual Property Symposium, West Palm Beach, Florida
• Speaker, CLE at the Florida Bar Annual Conference, IP Committee meeting, 2019
• Speaker on the panel "Intellectual Property Law and Litigation Update", Speaker, Speaker at the Bench and Bar Conference, Miami, 2019
• Speaker for CLE "Emerging Law in trademarks and the business of: Cannabis, CBD, and Hemp", Speaker, Speaker, CLE at the FLorida Bar Annual COnvention, IP Committee meeting, 2019
• Speaker at the IP Panel, CLE is "Online IP", Speaker, BCBA Bench & Bar Convention, IP Panel , 2019