Jim Rosenfeld litigates and counsels on media, intellectual property, and Internet law – including copyright, trademark, right of publicity, invasion of privacy, defamation, and commercial matters. He represents book, magazine and newspaper publishers, television and radio broadcasters, and a wide array of Internet content and service providers, including the operators of blogs and other online publications; the licensors of images, footage and music; and the publishers of news, health, education, and travel websites.
Jim is experienced in all aspects of litigation and arbitration, and equally adept at avoiding and resolving disputes. He has a particular expertise in digital media law, advising clients on issues unique to content providers on the Internet and other new platforms, including the DMCA and CDA legal immunities for user-generated content, liability arising from linking, framing and aggregation, and issues relating to online advertising, social media and piracy. He seeks to understand clients’ businesses thoroughly and shapes legal strategies to fit their competitive goals.
Agence France Presse v. Morel
Currently representing Getty Images, and represented The Washington Post and CBS (both of whom settled), in litigation arising from wire service Agence France Presse's use of photographs of Haitian earthquake posted on Twitpic, a social networking application. AFP licensed the images to Getty Images, who licensed them to CBS, the Washington Post and other news outlets. A motion to dismiss resulted in dismissal of Morel’s Lanham Act claims, and summary judgment motions narrowed the scope of available relief on the remaining (copyright and DMCA) claims. Following a jury verdict for Morel at trial on those claims, defendants have filed post-verdict motions and a notice of appeal. (S.D.N.Y. Ongoing)
Rakofsky v. The Washington Post Co., et al.
Successfully obtained dismissal of defamation action against Jeanne O'Halleran, a commenter on a 'hyperlocal' community website in Georgia. The defamation lawsuit arose out of a criminal trial in Washington, D.C., which culminated in the withdrawal of defense counsel Joseph Rakofsky and a mistrial. Rakofsky subsequently 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. The Court granted O’Halleran’s motion to dismiss based on the fair report privilege, lack of jurisdiction and other grounds. The plaintiff has appealed. (N.Y. Sup. Ct. Ongoing)
Zhang v. China Free Press
Currently defending U.S.-based non-profit organization which provides free web hosting services to websites operated by Chinese dissidents, in libel lawsuit brought by movie actress concerning articles about her on one of the hosted sites. (C.D. Cal. Ongoing)
Jones v. Dirty World Entertainment Recordings LLC
Submitted amicus brief on behalf of online service providers, including major technology companies and news media, arguing for reversal of district court's narrow interpretation of Section 230 of the Communications Decency Act. Sixth Circuit Court of Appeals ultimately reversed and vacated the judgment, endorsing a broad interpretation of Section 230 which permits websites and service providers to engage in traditional editorial functions without becoming liable for user content. (6th Cir. 2014)
Picciano v. OkCupid.com
Defended the owner of an online dating service in an action alleging negligence and false advertising. Action withdrawn after motion to dismiss filed. (N.Y. Sup. Ct. 2014)
Seaton v. TripAdvisor
Represented TripAdvisor in libel suit arising out of online ranking of the "Dirtiest Hotels" in America. Obtained dismissal with prejudice on basis that ranking, based on data compiled from user reviews, is subjective opinion. 2012 WL 3637394 (E.D. Tenn. 2012). The Sixth Circuit affirmed. 728 F.3d 592, 2013 WL 4525870 (6th Cir. 2013)
Alberghetti et al. v. Corbis Corporation
Represented 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 2012)
CarFreshner v. Getty Images
Defended Getty Images in a trade dress infringement action alleging photographic images in the company's database depicting plaintiff's tree-shaped car freshener products constituted infringement of its product configuration trademark. After Court granted Getty Images’ motion to dismiss, in part, successfully resolved the matter without any finding of liability. (N.D.N.Y. 2012)
Advice to State Broadcasters’ Association
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)
Clear Channel Outdoor, Inc. v. The City of New York
Major First Amendment challenge to New York City's prohibition against outdoor advertising along its arterial highways. (2d Cir. 2010)
DirecTV v. Dish Network
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)
Morgan v. Bellinghaus
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)
Psihoyos v. NBC Universal, Inc. and Getty Images
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)
Child Model et al. v. DraftFCB
Defended Draft FCB 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)
Pino v. Viacom, Inc. et al.
Obtained pre-discovery dismissal of copyright and theft of ideas claims arising out of Spike's show "Pros v. Joes." 3:2007cv03313 (D.N.J. 2008)
France v. Viacom, Inc.
Obtained dismissal/settlement in 'theft of idea' case against television network. (N.Y. Supreme Court and N.Y. Civil Court 2007-2010)
Grecco v. Gawker Media
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)
Steinbuch v. Cutler
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)
Brown v. Perdue, et al.
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)
Knight v. Getty Images
Defended Getty Images in infringement litigation arising from its allegedly unauthorized use and licensing of a photograph of Britney Spears' ex-husband. (S.D.N.Y. 2006)
Action Performance v. CART
Obtained favorable judgment and substantial damages award for manufacturer and distributor of sports merchandise, following arbitration against league that failed to deliver promised intellectual property rights. (American Arbitration Association 2004)
Bonome v. Kaysen
Obtained dismissal of invasion of privacy and misappropriation claims asserted against the publisher (Random House) and author (Susanna Kaysen) of the memoir, 'The Camera My Mother Gave Me.' (2004)
Verizon Directories Corp. v. Yellow Book USA, Inc.
Represented Yellow Book USA in a false advertising and product disparagement action brought by Verizon Directories Corp. concerning Yellow Book's advertisements and sales practices. Secured dismissal of product disparagement claim and successfully settled false advertising claim. 338 F. Supp. 2d 422 (approving settlement) and 309 F. Supp. 2d 401 (granting in part motion to dismiss) (E.D.N.Y. 2004)
Miramax Films Corporation v. Abraham
Represented Miramax in contract dispute with international film producer over remake rights and options in certain films. (S.D.N.Y. 2003)
Knight v. E! Entertainment
Represented television network in copyright action alleging unauthorized use of a photograph.