“The fair use defense has received a lot of press and attention in recent years, but there are many other significant legal defenses available to those accused of infringement. Put together by the CSUSA New York Chapter, this panel features Nick Bartelt, Richard Dannay and Nancy J. Mertzel who will discuss both the basic fundamentals and latest developments of defenses such as laches, abandonment, statute of limitations, lack of standing, and pre-emption. Bring your lunch and join us as the panel provides insights into this important aspect of copyright infringement litigation.

ABOUT THE SPEAKERS

Nick Bartelt is a Senior Fellow at the Fordham IP Institute where his work focuses on researching IP law and policy, with a focus on copyright. In this role, he assists in organizing the annual Fordham Intellectual Property Law & Policy Conference, in which he has participated as a moderator of copyright sessions addressing fair use and U. S. developments.

Richard Dannay is a copyright litigator with Cowan, Liebowitz & Latman, P.C., in New York City. He is a past president of The Copyright Society of the USA and a former chair of the New York City Bar Committee on Copyright and Literary Property. He was lead counsel for the prevailing parties in: Penguin Group (USA) Inc. v. Steinbeck, 537 F.3d 193 (2d Cir. 2008), cert. denied, 129 S. Ct. 2383 (2009) (statutory termination of transfers). Bill Graham Archives v. Dorling Kindersley Limited, 448 F.3d 605 (2d Cir. 2006) (transformative fair use).

Nancy J. Mertzel is a partner and Chair of Intellectual Property at Herrick, Feinstein LLP. Nancy has more than 25 years of experience protecting brand names, products, content and technology. Nancy’s litigation experience includes numerous disputes involving the scope of copyright protection in source code and data.”