Admitted to Practice | New York, 1997 | | U.S. District Court Southern District of New York, 1997 | | U.S. District Court Eastern District of New York, 1997 | | U.S. District Court District of Colorado, 2000 | | U.S. Court of Appeals 2nd Circuit, 2006 | | U.S. Court of Appeals 3rd Circuit, 1999 |
| James Rosenfeld focuses on litigation and counseling for broadcasters, publishers and Internet companies regarding intellectual property, media law and commercial matters. He works with clients in a wide range of media, from television and radio broadcasters, to book, magazine and newspaper publishers, to blog operators, stock photography websites, educational technology companies and other service providers. Jim advises clients on copyright matters, privacy and related claims, breach of contract actions, and First Amendment challenges.
Jim’s digital media law practice focuses on issues unique to content providers on the internet and other newer platforms, including DMCA (copyright) and Section 230 online immunity issues, domain ownership disputes and issues relating to social networking and online privacy. Selected Experience Currently representing the Washington Post and Getty Images and represented CBS (which settled) in litigation arising from wire service's use of photographs of Haitian earthquake posted on Twitpic, a social networking application. Wire service licensed the images to Getty Images, who licensed them to CBS, the Washington Post and other news outlets. Lanham Act claims have been dismissed and the parties continue to litigate the remaining (copyright and DMCA) claims. 2011 WL 147718 (S.D.N.Y. Ongoing) Representing national media and licensors of photographic imagery in amicus brief challenging district court's ruling that the subject of a photograph may assert a viable right-of-publicity claim based merely on a licensor's offer to license the copyright in the photograph. (9th Circuit Ongoing) Representing Getty Images in a trade dress infringement action alleging photographic images in the company's database depicting plaintiff's tree-shaped car freshener products constitute infringement of its product configuration trademark. (N.D.N.Y. Ongoing) Representing commenter Jeanne O'Halleran on 'hyperlocal' community website in lawsuit arising out of a criminal trial in Washington, D.C., which culminated in the withdrawal of defense counsel and a mistrial. Defense counsel in that case has sued about 80 defendants, all of whom commented or published commentary on his representation of his client in the criminal trial, for libel and other claims. We have filed a motion to dismiss based on the fair report privilege, lack of jurisdiction and other grounds. (N.Y. Supreme Court Ongoing) Representing travel website in libel suit arising out of on-line ranking of the “Dirtiest Hotels” in America (E.D. Tenn. Ongoing) Advised a state television broadcasters’ association on copyright and trademark issues related to news aggregation website that was linking to and “framing” broadcasters’ content on its website. Averted litigation by negotiating business solution satisfactory to all parties. (2011) Major First Amendment challenge to New York City's prohibition against outdoor advertising along its arterial highways in commercial and manufacturing districts. (2d Cir. 2010) Represented Dish Network in a false advertising action by DirecTV involving commercials for competing satellite television services; temporary restraining order against Dish denied and case thereafter settled. (S.D.N.Y. 2010) Defended Gawker against libel claims arising from blog post concerning an individual who purported to have brokered the sale of a 'sex tape' featuring Marilyn Monroe. Successfully settled. (N.Y. Sup. Ct. 2010) Defended a copyright infringement claim arising from NBC Universal's use of video footage of a bank of video screens, which it had licensed from Getty Images, and which the plaintiff claimed was substantially similar to his photograph '500 TVs,' depicting a bank of television screens. The case successfully settled after filing and arguing a motion to dismiss for failure to state a claim based on lack of substantial similarity to the defendant's photograph. (S.D.N.Y. 2010) Represented DraftFCB in an action for defamation and violation of sections of the New York Civil Rights Law. Action brought by two professional models alleging that use of their photographs in an advertisement for agencies involved in counseling addicts defamed them by implying that they were former meth addicts. (S.D.N.Y. 2009) Obtained dismissal/settlement in 'theft of idea' case against television network. (N.Y. Supreme Court and N.Y. Civil Court 2007-2010) Defended online media company in copyright infringement action arising out of the use of the plaintiff's photograph on Defamer.com, one of Gawker's blogs. (S.D.N.Y. 2007) Obtained dismissal of privacy and related claims against Ana Marie Cox, former author of the blog 'Wonkette,' based on excerpting, linking to and commenting on another blogger's first-hand accounts of her relationship with plaintiff. 1:05CV00970 (D.D.C. 2007) Defended Dan Brown and Random House, author and publisher of best-selling novel 'The Da Vinci Code' in copyright infringement case. Won summary judgment based on lack of substantial similarity of parties' books, affirmed on appeal. 2005 WL 1863673, 79 U.S.P.Q.2d 1958 (2d Cir. 2006) Additional Qualifications Professional and Community Activities
- Copyright Litigation Subcommittee, American Bar Association, 2011
- Communications and Media Law Committee, New York City Bar Association, 2007-2010
- Copyright Society of the United States
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Education J.D., Columbia University School of Law, 1995
- Harlan Fiske Stone Scholar
B.A., Yale University, 1990, cum laude | |