Marla Grossman

Bar / Professional Activity

• Member of the Washington DC bar., 2025

Verdicts / Settlements (Case Results)

• Marla played a key role in leading the effort to persuade congressional leaders to reject the National Association of Broadcasters' (NAB) attempts to include the AM in Every Vehicle Act in the continuing resolution (CR) to fund the federal government. The NAB’s multi-million-dollar campaign to push the AM bill faced strong opposition from Marla’s clients, who demanded that Congress address the American Music Fairness Act (AMFA) alongside the mandate. Marla effectively argued that the AM bill is directly tied to AMFA, as AM radio broadcasts over 240 million songs annually without compensating artists. As part of that effort, she took Artists from Talking Heads’ lead singer David Byrne, country music hall-of-famer Randy Travis, and Hip-Hop luminaries MC Lyte, Darryl “DMC” McDaniels, and Melle Mel to Capitol Hill this year to urge congressional leaders to not pass the AM bill without AMFA.  Passing the AM bill without AMFA would have signaled Congress’ approval of a flawed system that has denied royalties to artists since radio’s inception.  , 2024
• Marla helped her songwriter and composer clients secure a cost of living adjustment in the royalty rates for the statutory license for making and distributing phonorecords of nondramatic music works regarding physical phonorecords and permanent downloads. (89 FR 93477) A, 2024

Representative Clients

• ASCRL, 2024
• Axel Springer is a European multinational mass and online media company, based in Berlin, Germany. The company offers printing and publishing of advertisements, digital classifieds portfolio, marketing models and related services., 2025
• Partnership for the US Life Science Ecosystem (PULSE) is dedicated to raising awareness about the vital role of mergers and acquisitions (M&A) as well as other collaborations to bring together the resources., 2025
• Society of Composers & Lyricists, 2024
• NewsCorp www.newscorp.com  , 2024
• Reed Technology Information Services, www.reedtech.com  , 2024
• Nike, 2024
• Motion Picture Association of America, 2024
• Copyright Alliance, www.copyrightalliance.org  , 2023
• Intellectual Property Owners Association, www.ipo.org, 2024
• SoundExchange, 2024
• Coalition for Patent and Trademark Information Dissemination, 2024
• Songwriters Guild of America, 2024
• RELX, 2024

Pro bono / Community Service

• Co-Chair of Agents for the Yale Alumni Fund, 2025
• Chair of the Yale Campaign for Humanity Washington DC Area Chapter, 2025
• Chair of Yale Campaign for Humanity Washington DC Area Chapter, 2024
• Volunteer for Birthday Cakes for Free, 2021
• Chair of the Yale Alumni Fund Board of Directors, 2021
• Pro bono advocacy for non-profit, Teens Against Trafficking (www.teensvstrafficking.com)  , 2021

Honors

• Super Lawyers of Washington DC, Super Lawyers, 2024
• Top Lobbyist, The Hill, 2024
• Top Lobbyist, National Institute for Lobbying & Ethics, 2024
• Super Lawyers of Washington DC, Super Lawyers, 2023
• Top Lobbyist, The Hill, 2023
• Top Lobbyist, National Institute for Lobbying & Ethics, 2023
• Top Lobbyist, National Institute for Lobbying & Ethics, 2021
• Super Lawyers of Washington DC, Super Lawyers, 2022
• Top Lobbyist, The Hill, 2022
• Top Lobbyist, National Institute for Lobbying & Ethics, 2022
• Super Lawyers of Washington DC, Super Lawyers, 2021
• Super Lawyers of Washington DC, Super Lawyers of Washington DC, Super Lawyers, 2020
• Super Lawyers of Washington DC, Super Lawyers, 2020
• Super Lawyers of Washington DC, Super Lawyers, 2018
• Super Lawyers of Washington DC, Super Lawyers, 2015
• Superlawyers of Washington DC, Superlawyers, 2017
• Super Lawyers of Washington DC, Super Lawyers, 2014
• Super Lawyers of Washington DC, Super Lawyers, 2016
• Super Lawyers of Washington DC, Super Lawyers, 2019
• Super Lawyers of Washington DC, Super Lawyers, 2013
• Excellence in Advocacy Nominee, Power Women in Advocacy, 2014
• Distinguished Lawyer Awardee, Expert Network, 2017

Educational Background

• Harvard Law School, Cum Laude, 1993
• Yale University, Phi Beta Kappa, Summa Cum Laude, 1990

White Papers

• Big radio is a multi-billion dollar industry, yet these multi-national conglomerates do not pay a dime to the hardworking musical performers whose works make up the music that these radio stations play. In 1978, the Register of the U.S. Copyright Office recommended that Congress enact a public performance right for sound recordings, stating, “[t]o leave the creators of sound recordings without any protection or compensation for their widespread commercial use can no longer be justified. ” For decades, the Copyright Office and every Administration – Democrat and Republican – has consistently supported such a right., Only in Your Dreams: Patent Stakeholders Share Their IP Wishes for the New Year, Intellectual Property, Manufacturing, Banking, Technology, Bio, PHRMA, 2022
• Outlook for 2025: How Trump and the USPTO Will Affect Green IP, Green IP and US Federal Policy, Intellectual Property, Manufacturing, 2025
• “[The] challenges are complex and will take time to address. However, it is a brave act of leadership to officially recognize these challenges and meet them head on.” Later this week, our nation and the world will celebrate the 55th anniversary of Neil Armstrong’s first moonwalk. Before that historic event, President John F. Kennedy explained why the U.S. undertook such a challenge: “We choose to go to the Moon in this decade and do the other things, not because they are easy, but because they are hard; because that goal will serve to organize and measure the best of our energies and skills, because that challenge is one that we are willing to accept, one we are unwilling to postpone, and one we intend to win, and the others, too.” To me, the inspiring part of the speech was not the goal of going to the moon itself but embracing that goal and others “not because they are easy but because they are hard.”  , Kudos to Director Vidal for Embracing the Hard Challenges of Leadership, Intellectual Property, 2024
• In the intricate landscape of commerce, where businesses navigate a myriad of regulations and legal frameworks, lack of ambiguity and clear guidance are invaluable assets. The Department of Justice’s Antitrust Division recognizes this need and offers a vital tool in the form of Business Review Letters. These letters serve not only as beacons of clarity but also as guardians of competition and innovation in the marketplace. However, recent trends suggest a concerning decline in the issuance of these crucial letters. Reports indicate that the Antitrust Division has not been issuing many business review letters lately. What’s more alarming is that requests for business review letters, some dating back several years, have been left unanswered. Timely issuance of these letters is essential for providing clarity, promoting competition, fostering innovation, and enhancing confidence in the antitrust enforcement process., Maximizing DOJ Antitrust Division's Impact on Innovation, Antitrust & Competition In All Industries, 2024
• Given this year’s World IP Day’s theme of Sustainable Development Goals (SDGs), it behooves us to consider the many ways in which aligning innovations with SDGs through patent mapping can be a powerful strategy for driving sustainable technological development., Celebrating World IP Day: Is the Innovative Future Sustainable?, Intellectual Property, Manufacturing, 2024
• Overview of artificial intelligence policy advancements in 2024 by US Federal Agencies, US Congress and global policy makers., Artificial Intelligence Federal Policy, Intellectual Property, 2024
• As the year draws to a close, we reflect on what mattered most in the world of intellectual property during 2019. It was a particularly active year on IP issues, with important events in the courts, Congress, and agencies. Below we have highlighted a few of the most significant activities., Washington Insiders Weigh In on What Mattered in 2019, Intellectual Property Industries, 2019
• As we thankfully see 2020 fading into the rear-view mirror and all look forward to a hopefully much better 2021, we want to take a moment to reflect on what the past year brought us and how the stage is set for another very fluid and consequential year for intellectual property policy., Washington Insiders Say Farewell to 2020 and Look Ahead to 2021, Intellectual Property, Manufacturing, Banking, Technology, Bio, PHRMA, 2021
• Patent and IP Wishes from K Street for the New Year, 2017
•  A Comparison of S. 1693 (SESTA) and H.R. 1865 (FOSTA)      Introduction: In 2017, the Congress introduced bills aimed at fighting online sex trafficking by amending Section 230 of the Federal Communications Act of 1934. The Senate bill, S. 1693, Stop Enabling Sex Traffickers Act of 2017 (“SESTA”), was introduced by Sen. Portman (R-OH) on August 1, 2017, and was reported by the Committee on Commerce, Science, and Transportation on January 10, 2018.  The House version, H.R. 1865, Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (“FOSTA”), was introduced on April 3, 2017, by Rep. Wagner (R-MO), and an amended version was reported by the Judiciary Committee on December 12, 2017.  The Benefits of SESTA:While FOSTA adopts a more cautious approach to fighting online sex trafficking, SESTA provides a more robust and effective way of addressing the issue for the following reasons:   Since Section 230 already includes an exception for enforcement of federal criminal statutes, SESTA would amend Section 230 to also exclude civil or state actions under Section 1591 of Title 18, concerning the sex trafficking of children or by force, fraud, or coercion. SESTA would then amend Section 1591 to include “assisting, supporting, or facilitating a violation of subsection (a)(1)” in the definition of “participation in a venture.” This would create a clear and cohesive enforcement regime that allows both civil and criminal actions for the facilitation of sex trafficking. Increased risk of civil liability would also arguably have a considerable impact on compliance; FOSTA, on the other hand, would create a new criminal statute criminalizing the intentional promotion and facilitation of prostitution and reckless disregard of sex trafficking. However, civil liability would only be available for aggravated violations or reckless disregard, and such liability would be allowed under Section 230 only if the promotion or facilitation of prostitution included “responsibility for the creation or development of all or part of the information or content” provided through any online service. Meeting this requirement would essentially require proving direct liability; FOSTA’s intent requirement imposes an unreasonable burden on the prosecutors to prove that the defendant had the requisite mens rea to abet sex trafficking; While SESTA establishes civil and state law liability for facilitation of online sex trafficking, it retains Section 230(c)(2)(A) protections for good faith monitoring and enforcement activities; SESTA also provides State Attorneys General the authority to enforce and bring actions under Section 1591, which would arguably enhance enforcement activities and reduce online sex trafficking., SESTA vs. FOSTA, 2018
• The AMP Act Streamlines and Formalizes Royalty Payments to ProducersThe Allocation for Music Producers Act (“AMP Act”), re-introduced by Representatives Tom Rooney (R-FL) and Joe Crowley (D-NY) in February 2017, guarantees fair payments to record producers by formalizing a longstanding SoundExchange policy of honoring so-called “letters of direction” that allocate royalties between artists and their producers. The AMP Act is part of a wider music licensing reform effort – together with the Music Modernization Act of 2017, the CLASSICS Act, and a market-based rate for artists from satellite radio – supported by 22 music organizations in the United States. The 1995 Digital Performance Right in Sound Recordings Act established the right of performers to collect 45 percent of the royalties resulting from digital broadcast of their songs, However, while performers receive a direct payment of the royalty, producers, engineers, and other studio professionals were not granted a statutory share of the individual song’s royalty. Producers can only collect their portion of the royalties through a voluntary agreement established between the producer and featured artist called a “letter of direction.” This voluntary approach allows artists to instruct SoundExchange to pay the producers directly, streamlining royalty payments and allowing musicians and producers to focus on making great music. The AMP Act would formalize this approach and include record producers in the Copyright Act for the first time in history. The AMP Act would also allow producers of pre-1995 works to seek royalty payments, subject to permission from the artists or their heirs. In case the artist is not reachable, the Act would allow producers to collect a share of the royalties if there had been an attempt to obtain the permission by both the producer and SoundExchange and no objection was received. This provides an opportunity for producers of all musical works to get a fair pay for their work. The AMP Act allows musicians and producers to focus on what they do best – creating music for everyone to enjoy. It streamlines the royalty process and formalizes an already widely-used practice. It is uncontroversial, and the Congress should move swiftly to adopt it for the benefit of the American music community.  , The AMP Act Streamlines and Formalizes Royalty Payments to Producers, 2018
• WHAT’S THE ISSUE?Based on an interpretation of state and federal copyright laws, some of the biggest digital radio services in the world believe they can use music recorded before 1972 for free. While today’s artists are paid royalties every time their recordings are played by digital radio services, the inspirational legacy artists who came before them, icons of American music — Motown acts, the legends of jazz and blues, and musicians who gave birth to Rock ’n’ Roll — earn nothing. Why? Sound recordings were not brought within the scope of federal copyright protection until 1972. Even then, sound recordings made before February 15, 1972, were covered only by a patchwork of state laws. Even though these recordings are protected by state law, some digital music services were using them without paying royalties or receiving permission.WHO’S BEING AFFECTED?Anyone who made or owns the rights to a sound recording made before February 15, 1972. This includes the classic artists of every genre whose work continues to inspire future generations of artists.WHAT’S THE IMPACT?Pre-1972 sound recordings represent close to 15% of what digital radio services play, and an even higher percentage of popular recordings in some genres. Some digital radio services’ convenient interpretation of the law cost artists and record labels, with recordings before 1972, over $64 million in royalties in 2014 alone. Multiple lawsuits were filed by artists and copyright owners in several states to reclaim these lost royalties. So far, those lawsuits have resulted in $300 million in settlements paid to music creators and rights owners by the services that had been withholding royalties, but these settlements do not create certainty in the law about the protection of recordings from this iconic era of music.HOW CAN WE FIX THIS?Classic artists and their record labels have filed lawsuits under Florida, New York and California state laws to protect their rights. But Congress can put an end to this unfair practice too, by closing the loophole. The Fair Play Fair Pay Act (H.R.1836), introduced by Rep. Jerry Nadler (D-NY) and Rep. Darrell Issa (R-CA) includes provisions that would do just that for recordings played by non-interactive digital radio services. To memorialize the outcome of the negotiations they encouraged between music creators and digital radio services, Rep. Issa (R-CA) and Rep. Nadler (D-NY) introduced the CLASSICS Act (H.R.3301), an update to the pre-72 provisions of the Fair Play Fair Pay Act that would require all digital radio services to pay royalties for the use of sound recordings made before 1972. They were joined in this effort by all of the original cosponsors of Fair Play Fair Pay Act – Rep. Marsha Blackburn (R- TN), Rep. John Conyers (D-MI), Rep. Tom Rooney (R-FL) and Rep. Ted Deutch (D-FL). The bill enjoys broad support from both music creators and digital service providers. Organizations that have joined SoundExchange in expressing support for the CLASSICS Act include: American Association of Independent Music (A2IM), RIAA, Pandora, the musicFIRST Coalition, the Internet Association, the GRAMMYs, SAG AFTRA, American Federation of Musicians, the Content Creators Coalition, the Future of Music Coalition, the Rhythm & Blues Foundation, and the Living Legends Foundation. Read the joint statement of support from Pandora, SoundExchange and RIAA here., CONGRESS SHOULD ENACT THE CLASSICS ACT, 2018
• Trump on Copyright: How the Trump Administration will approach copyright law and potential copyright reforms, 2017
• Passing the Trans-Pacific Partnership: Where It Stands, and What’s Ahead, 2016

Scholarly Lectures / Writings

• This year has included many twists and turns for IP stakeholders, particularly on the patent side. Most recently, the Federal Circuit’s decision in Arthrex has called into question the constitutionality of Patent Trial and Appeal Board decisions, and perhaps the Board itself. Elsewhere, Congress has been—unsuccessfully—attempting to step in and clarify U.S. patent law since early in the year, while the courts have continued to muddy the waters of patent eligibility law. The Federal Trade Commission’s case against Qualcomm, and Judge Lucy Koh’s decision in the case, have further called into question the United States’ ability to compete on the innovation front going forward. And yet, there have been some wins in other areas this year, including at the U.S. Patent and Trademark Office (USPTO), and there remain many reasons to be hopeful about the year ahead. IPWatchdog asked some IP experts to share what they have to be thankful for on the IP front this Thanksgiving, despite all the uncertainty.  https://outlook.office.com/mail/deeplink?version=2019112502.04&popoutv2=1, Author, This Thanksgiving: What Is the IP Community Thankful For?, IP Watchdog, Intellectual Property Industries, 2019
• “With respect to IP law and practice, I am thankful for the leadership and proactive efforts of USPTO Director Kathi Vidal in addressing the persistent issue of patent pendency. With unexamined patent applications nearing 793,8824 as of September 2024, this backlog threatens innovation, economic growth, and U.S. competitiveness. High patent pendency creates delays that discourage inventors, slow technological commercialization, and increase legal uncertainty, making it harder for businesses to secure investments and partnerships. Director Vidal recognized the complexity of this issue, which stems from factors such as labor market challenges, the multidisciplinary nature of patents, and institutional constraints. Despite these hurdles, she initiated meaningful, initial reforms. These include improved application routing to match examiners with appropriate technical expertise, extended working hours for examiners, and enhanced compensation structures to attract and retain talent. Additionally, the USPTO adjusted award structures to incentivize examiner productivity and quality. Vidal’s leadership reflected a willingness to engage stakeholders and seek solutions beyond the agency. I am hopeful that Congress will continue to press for answers on how it can support the USPTO in addressing this critical issue and that future USPTO Directors will embrace this collaboration while continuing to seek innovative ways to reduce patent pendency. “, Let’s Get Grateful: IP Stakeholders Reveal What They Were Thankful for in 2024, IP Watchdog, on Nov. 28, 2024, Intellectual Property, Manufacturing, 2024
• In my wildest dreams, Dick Clark’s Rockin’ New Year’s Eve 2025 gets a remix: the ball drops, the fireworks erupt, and rock stars, country crooners, rappers, and R&B legends actually get paid for the sound recordings blaring from AM/FM radio. Moreover, the celebration doesn’t end at midnight. Fueled by the sweet sound of justice (and royalty checks), the party keeps rolling all year long. Imagine it: AM/FM radio stops being that friend who always “forgets” their wallet at the club and finally starts paying their share. Here’s how it goes down: Recording artists, producers, and session musicians across America gather for the countdown and celebration of the new law – we’ll call it “”The Long-Awaited Radio Royalty Reformation” Act”! The ball drops, “Respect” by Aretha Franklin plays, and for the first time in U.S. history, the airwaves harmonize in the universal language of dollar bills. Meanwhile, the rest of the world raises a collective eyebrow and mutters, “About time, America.” The ripples of this new law extend far beyond Times Square. U.S. sound recording artists finally get royalties from countries that had been holding their payments hostage, waiting for the U.S. to join the global standard. Indie artists—those struggling to make ends meet—see a little extra cash, maybe even enough to replace their broken guitar strings. Best of all, America ditches its membership in the dubious “Exploitation Alliance,” leaving North Korea, Iran, and Cuba as the last freeloaders of the Freebie Federation. But the real dream? A cultural shift where valuing creative work becomes as American as apple pie. We start treating music as the essential, mood-enhancing, life-affirming IP property that it is – not as someone’s labor free for the taking. So, here’s to 2025: a year when America finally steps up, tunes in, and gives its artists what they deserve—a little respect and well-deserved royalties., Co-author, The IP Community’s Wildest Dreams for 2025, IP Watchdog on Jan. 2, 2025, Intellectual Property, Manufacturing, 2025
• What to expect in Trump 2.0 and the 119th Congress:  Trump's Transition, New Faces in Congress, and Policy Outlook., Co-Author & Presenter, Transitioning to Trump 2.0 and the 119th Congress, Copyright Alliance, Intellectual Property, 2024
• In the intricate landscape of commerce, where businesses navigate a myriad of regulations and legal frameworks, lack of ambiguity and clear guidance are invaluable assets. The Department of Justice’s Antitrust Division recognizes this need and offers a vital tool in the form of Business Review Letters. These letters serve not only as beacons of clarity but also as guardians of competition and innovation in the marketplace. However, recent trends suggest a concerning decline in the issuance of these crucial letters. Reports indicate that the Antitrust Division has not been issuing many business review letters lately. What’s more alarming is that requests for business review letters, some dating back several years, have been left unanswered. Timely issuance of these letters is essential for providing clarity, promoting competition, fostering innovation, and enhancing confidence in the antitrust enforcement process., Co-author, Maximizing DOJ Antitrust Division's Impact on Innovation, ACG Advocacy website, Antitrust & Competition In All Industries, 2024
• The retirement announcement from Senator Patrick Leahy (D-VT), the longest-serving member in the U.S. Senate, makes it appropriate to acknowledge the profound and beneficial influence that the Senator has had on U.S. innovation and creativity. As intellectual property law has grown more legally complex and economically important in recent years, Senator Leahy has met the challenge of sorting through the many competing equities that comprise the public good. He has tackled tough questions such as how best to promote the progress of science and useful arts by securing, for inventors and creators the exclusive, but time limited right to their respective creations and discoveries. He has used his influence to help ensure a robust intellectual property marketplace that works for both creators and end users. Like the USPTO and the U.S. Copyright Office, Senator Leahy has been an IP institution in his own right. It is difficult to imagine the future IP landscape without his leadership, but it is easy to appreciate his legacy of supporting innovators and creators in this country. An intelligent and honorable person, he has served his country and state exceedingly well., Co-Author, From Trademark Amendments to Mentors, IP Stakeholders Get Grateful, IP Watchdog, Intellectual Property, Manufacturing, Banking, Technology, Bio, PHRMA, 2021
• I am pleased that President Biden has nominated someone with Kathi Vidal’s impressive background. She has broad experience with patent litigation and PTAB proceedings, excellent management credentials, and a commitment to ensuring that the next generation of innovators are diverse – reflecting a variety of backgrounds, economic status, and regions. Given that the IP industries supported by the USPTO represent at least a third of total US GDP (according to the agency’s most recent study), it is critical that the USPTO hire additional examiners to reduce pendency and that it continues to secure its systems in the face of growing cybersecurity threats.  I know the patent community is eager for data quality to be a top priority throughout the entire application, examination, grant, and publication process. To that end, it is my hope that the Office will provide greater transparency with respect to the status of its modernization and automation projects and that it will improve its procurement processes to provide greater clarity and predictability to vendors who are critical to these efforts and the end users who pay for the Office’s operations via user fees.  , Co-Author, Industry Reacts to Kathi Vidal Nomination, IP Watchdog, Intellectual Property, Manufacturing, Banking, Technology, Bio, PHRMA, 2021
• Amid a global pandemic, the USPTO needs a leader to promote strong IP policy globally, now more than ever. With the former Director Iancu as a model, President Biden should nominate someone who understands the importance of IP to innovation and economic development and who will implement policies to provide innovators with quality, timely, and cost-effective patent and trademark examinations. The USPTO Director must continue to forcefully advocate for the development of strong IP systems domestically and abroad., Co-Author, The Right Choice: IP Stakeholders Emphasize Practical Experience, Strong IP Advocacy in Next USPTO Head, IP Watchdog, Intellectual Property, Manufacturing, Banking, Technology, Bio, PHRMA, 2021
• As the year draws to a close, we reflect on what mattered most in the world of intellectual property during 2019., Co-author, Washington Insiders Weigh In on What Mattered in 2019, IP Watchdog, Intellectual Property Industries, 2019
• Each year, the publisher of IP Watchdog asks a panel of industry experts for their insights for our Biggest Moments in IP series, which is the longest running series on IPWatchdog.com. , Co-Author, What Mattered in 2018: Industry Insiders Reflect on the Biggest Moments in IP, 2018
• One of the longest running features on IPWatchdog is the Industry Insider’s series, which started out many years ago with an annual “wishes” article. Each year, they invite industry insiders to make patent wishes for the new year., Co-Author, "Industry Insiders Make Patent Wishes for 2019", IP Watchdog, 2019
• Lecturer, Lobbying I01, Yale In Washington DC, 2018
• Recognized for delivering "the strongest presentation of the meeting."  , Presenter, 2013 PIUG Annual Meeting Wrap-Up, LexisNexis, 2013
• Author, Patent and IP Wishes from K Street for the New Year, IP Watchdog, 2016
• Author, What Mattered in 2015: Insiders Reflect on Biggest Moments in IP, IP Watchdog, 2015
• Author, Trump on Copyright: How the Trump Administration will approach copyright law and potential copyright reforms, 2016
• Co-author, Year End Review: Insiders Reflect on the Biggest Copyright and Trade Secret Moments of 2016, 2016

Other Outstanding Achievements

• Successfully advocated for a royalty increase for American songwriters and composers of 46% on their streaming mechanicals on physical products and downloads, which started January 1, 2023. , 2024
• Scored a major victory for songwriter clients in securing a favorable ruling from the US Copyright Office that issued a final rule clarifying and confirming that the derivative works exception to termination rights under the Copyright Act does not apply to the statutory mechanical blanket license established by the Music Modernization Act (MMA). Under the MMA, songwriters are entitled to certain rights and royalties for their works. The ruling ensures that these rights are upheld by directing the mechanical licensing collective (MLC) to distribute future royalty payments in accordance with this clarification. Additionally, it mandates a process to correct any previous overpayments that occurred due to a misunderstanding of the derivative works exception. Furthermore, the ruling addresses important logistical details such as notice requirements and timing provisions, which are crucial for ensuring that songwriters receive their rightful royalties. By identifying the correct payees and establishing clear guidelines for royalty distribution, the ruling aims to protect and support songwriters in receiving fair compensation for their creative works under the MMA. , 2024
• On behalf of a variety of clients, prompted the US Copyright Office to issue a notice of proposed rulemaking to update its regulations regarding electronic deposits of published works submitted to the Office eligible for selection by the Library of Congress for addition to its collections to encourage the submission of works in electronic form and reduce the need for copyright owners to deposit physical copies. , 2024
• Helped clients to secure $470 million earmarked for cultural organizations in the American Rescue Plan Act; with $135 million each for the National Endowment for the Arts and the National Endowment for the Humanities, and $200 million for the Institute of Museum and Library Services (IMLS).  , 2021
• Helped clients to secure $470 million earmarked for cultural organizations in the American Rescue Plan Act; with $135 million each for the National Endowment for the Arts and the National Endowment for the Humanities, and $200 million for the Institute of Museum and Library Services (IMLS).  , 2021
• Represented multiple clients in their successful efforts to enact legislation that creates a small claims tribunal called the Copyright Claims Board (CCB) within the U.S. Copyright Office to handle small copyright claims, thus providing creators whose works have been infringed with an inexpensive and efficient remedy to address their rights. , 2020
•   Obtained financial relief for independent creators and small creative businesses in the third COVID relief package. For medical and scientific publishing clients, ensured that the Commerce, Justice State Joint Explanatory Statement accompanying the Omnibus Appropriations Bill upholds important House CJS Appropriations Report language from earlier in the year, stating that “at least 90 days prior to making any changes to the Federal Government’s public access policies…the Committee directs OSTP to submit to the Committee a report on the costs and budgetary impact of such changes.”   OSTP’s report to appropriators must include a complete analysis of any newly created costs, including any potential new costs for grant recipients. , 2020
• Succeeded in stopping a legislative effort to extend the Covered Business Method (CBM) patent program at U.S. Patent and Trademark Office on behalf of an association client that believed such program violated the United States’ obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which mandates that patent rights apply without discrimination as to field of technology and that extension of this program was unnecessary in light of regular, post-grant proceedings that allow the USPTO to review any patent for validity.   , 2020
• Successfully lead a coalition of creators to pass The Protecting Lawful Streaming Act, legislation that punishes large-scale criminal streaming services that willfully or for commercial advantage or private financial gain offers to the public illicit services dedicated to illegally streaming copyrighted material.    , 2020
• On behalf of publishing clients, worked with CISA (Cyber-Infrastructure Agency, Homeland Security) to ensure their guidance regarding the identification of essential critical infrastructure workers, is favorable to the publishing industry, including the following in the definition of essential workers:   “Warehouse operators, including vendors and support personnel critical for business continuity . . . and customer service for essential functions."  “Employees necessary to maintain news and media operations across various media.” (emphasis added).  “Employees required in person to support Software as a Service businesses that enable . . . distance learning, media services . . .” , 2020
• Worked with music, author and publishing clients, working alongside organizations spanning the creative industries, to score a major victory in securing financial help under the CARES Act (the “Act”) for music and publishing industry workers affected by the COVID-19 pandemic: (1) unemployment compensation expanded from traditional employees to include benefits previously unavailable to independent contractors, “gig” workers, and the self-employed, and (2) newly-available loans through the U.S. Small Business Administration (SBA), including loan advances of up to $10,000, which are now also available to sole proprietors, independent contractors, and the self-employed. , 2020
• Successfully worked with client to prevent unnecessary disruptions to the physical operations of their industry during the pandemic. In communications with the federal government, governors across the country and congressional leaders working from their home districts, worked to ensure that printing, warehousing, and distribution services are categorized as essential services under the language of state executive orders, permitting them to continue to operate in a responsible fashion pursuant to health and safety guidelines ., 2020
• Secured national treatment for sound recording artists in Canada as a result of USMCA negotiations and work with the US Federal Government to encourage Canada to amend the Ministerial Statement Limiting the Right to Equitable Remuneration of Certain Rome Convention or WPPT Countries. , 2020
• Succeeded in getting several provisions in the United States Mexico Canada Agreement, including provisions that:  -Express recognition that IP enforcement procedures must be available for the digital environment for trademark and copyright or related rights infringement. -Establish appropriate copyright safe harbors to provide protection for IP and predictability for legitimate enterprises that do not directly benefit from the infringement, consistent with United States law.  -Require a minimum copyright term of life of the author plus 70 years, and for those works with a copyright term that is not based on the life of a person, a minimum of 75 years after first authorized publication. Require full national treatment for copyright and related rights so United States creators are not deprived of the same protections that domestic creators receive in a foreign market. , 2019
• Helped get a commitment by the President in his State of the Union address to protect American intellectual property through strong enforcement of our trade rules., 2018
• Assisted publishing client in successful effort to be paid a licensing fee to supply headlines in Facebooks’ news section. , 2019
• On behalf of two different clients - the Authors Guild and the Songwriters Guild of America - succeeded in defeating an amendment to slash National Endowment for the Arts funding by fifteen percent., 2018
• Extension of Fast Track Trading Authority:  On behalf of several different clients, succeeded in getting the President of the United States to ask Congress for a three-year-extension of the “fast-track” trade negotiating authority and to ensure that Congress did not pass a resolution refusing it.  (The extension is “pre-authorized” meaning it became automatic once President Trump requested it -  unless either chamber of Congress passed a resolution to refuse it.), 2018
• Successfully aided several clients in getting the Marrakesh Treaty Implementation Act enacted into law.  This legislation implements the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled, a landmark treaty that was adopted by the World Intellectual Property Organisation (WIPO) in June 2013, and has since been ratified by over 37 other countries. , 2018
• Led a client’s efforts to successfully obtain passage of the Defend Trade Secrets Act 2016, which federalized trade secret law in the U.S. so as to provide a federal private right of action for trade secret misappropriation., 2016
• Succeeded in getting several provisions included in the tax package that was enacted into law for client., 2017
• On behalf of the Authors Guild, succeeded in preserving National Endowment for the Arts (NEA) and National Endowment for the Humanities (NEH) funding in the 2017 budget.  In fact, lobbied successfully for modest funding increases, despites the President's original recommendation to zero out funding for both organizations., 2017
• Successfully led the lobbying efforts of a non-profit group, Teens Against Trafficking, to pass Federal anti-sex trafficking legislation.  Teens Against Trafficking is a grassroots movement founded by teens for teens to provide education and tools to combat sex trafficking in the United States.  Ms. Grossman provided pro-bono lobbying services to the non profit to lead their successful efforts to provide justice for victims of sex trafficking and hold accountable websites that knowingly facilitate these crimes.  The bill, the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (“FOSTA”), passed by the House of Representatives by a decisive vote of 388-25 and then passed the Senate  by a vote of 94 - 2.  Since being enacted into law, the US Department of Justice has been able to seize the website of one of the worst offenders of sex-trafficking, BackPage.com. (Backpage, for years, has been accused of accepting classified ads promoting prostitution which allegedly resulted in sex trafficking of both adults and minors.)  The US Department of Justice has since issued indictments against seven people who run the website. The indictment charges 93 counts of several different crimes including money laundering and running a website to facilitate prostitution., 2018
• Succeeded in obtaining specific language for two clients in the draft Trans Pacific Partnership agreement on digital trade and intellectual property., 2016
• Led efforts by the Copyright Alliance to get H.R.1695, Register of Copyrights Selection and Accountability Act of 2017, successfully passed by the House of Representatives, 2017

• Antitrust
• Education
• Intellectual Property
• Technology
• Trade