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Copyright Law: A Practitioner's Guide (2nd Edition)

Author(s): Jeffrey P. Cunard, Bruce P. Keller
Practice Area: Communications/Telecommunications Law, Intellectual Property
Published: Feb 2015
Supplement Date: Oct 2016
ISBN: 9781402423147
PLI Item #: 47891
What is legally protected under U.S. copyright law has become much more complex in today’s digital arena. The increase of communication through social media and other digital venues raises issues that did not exist a decade or two ago. Copyright Law: A Practitioner’s Guide, now in a new second edition, clarifies the current status of U.S. copyright law by explaining the major federal copyright legislation and related court rulings. It gives you the legal knowledge you need to protect your clients’ copyright interests in both the real world and the virtual world of cyberspace.

Written by two nationally recognized lawyers who have litigated major copyright cases in today’s digital age, Copyright Law, Second Edition helps you to:

• understand the scope of copyright owners’ exclusive rights 
• prove copyright infringement and obtain appropriate remedies 
• renew, restore, and recapture copyrights 
• know when Internet-related activities constitute copyright infringement 
• find out who owns a work for clearance purposes 
• exploit unique defenses and statutory safe harbors that exist in the digital environment 
• get insurance against litigation risks arising from possible infringing uses, and 
• know when and how to register copyrights with the Copyright Office.
The new second edition of Copyright Law has been completely updated and expanded to reflect the most recent cases and changes in copyright law, and now includes two new chapters dedicated to criminal and international copyright law. In addition, new sections have been added that discuss:

• The Supreme Court’s June 2014 decision in American Broadcasting Cos. v. Aereo and its interpretation of the public performance right 
• The Supreme Court’s recent decision in Kirtsaeng v. John Wiley and Sons and its impact on the first sale doctrine 
• The relevance of “volitional conduct” as a prerequisite to direct liability 
• Orphan works 
• Copyright class actions 
• “Space shifting” and “place shifting” as potential fair uses 
• Pleading copyright claims after Twombly and Iqbal
Copyright Law, Second Edition is filled with valuable case discussions and practice pointers, such as the inclusion of a detailed flowchart using an actual case result to illustrate how actual damages and profits are calculated.
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Bruce Keller currently serves as an Assistant United States Attorney for the District of New Jersey.  Before that, Bruce led the intellectual property litigation practice at Debevoise & Plimpton LLP where he specialized in handling complex cases, often of first impression, that required more care, thought, creativity and diligence than the typical dispute. While at Debevoise, he was considered the “go-to” lawyer for intellectual property and entertainment litigation involving copyright, trademark, false advertising, First Amendment, rights of publicity and related matters and was also active in the firm’s Privacy and Data Security practice. 

During his career, Mr. Keller litigated a number of widely publicized cases on behalf of ABC, CBS and NBC against Aereo (involving copyrights to their over- the-air broadcasts); Sony Pictures (involving the mega-hit motion picture Spider-Man and the made-for-television movie “Who is Clark Rockefeller?"); Amazon (involving its Kindle device); Howard Stern and CBS Radio (over the on-air handling of cremated remains); the National Football League (involving multiple trademark and copyright matters including the copyright in the design of the Super Bowl® trophy); clothing retailer The Gap (involving the famous Gap trademark); Time and The New York Times Company (involving their right to distribute electronic versions of their publications); and The Washington Post Company, USA Today and CNN (involving the copyrights to their websites). Mr. Keller also developed and implemented the intellectual property protection and anti-counterfeiting program used by The Statue of Liberty-Ellis Island Foundation, Inc., the organization that raised the money for the restoration of the Statue of Liberty and Ellis Island by licensing its logos and trademarks.

Mr. Keller is the co-author of two treatises. The first, with Jeffrey Cunard, is Copyright Law: A Practitioner’s Guide (Second Edition, 2015), published by Practising Law Institute. The second, The Law of Advertising, Marketing and Promotions (Law Journal Press 2011), was written with David Bernstein, a partner at Debevoise & Plimpton.

Mr. Keller, along with Mr. Cunard, also taught at Harvard Law School and was a Fellow at its Berkman Center for Internet and Society. In May 2008, both received the Berkman Award, the Center’s highest honor, for their pro bono service as lawyers, educators and co-directors of the Center’s clinical program.

He also was an Advisor to the American Law Institute’s Restatement of the Law: Unfair Competition, and is a member of the Advisory Boards of BNA’s Patent, Copyright and Trademark Journal, the Advertising Compliance Service and The Entertainment Law Reporter, among others. He has been Counsel to the International Trademark Association (“INTA”), including in connection with the INTA’s amicus brief in the landmark Taco Cabana trade dress case.

Mr. Keller received a B.S. from Cornell University in 1976 and his J.D. from Boston University in 1979.

Bar Admissions: New York, Massachusetts, New Jersey


Boston University School of Law, 1979, J.D.

Cornell University, 1976, B.S.

Jeffrey Cunard, managing partner of the Washington, D.C. office, leads the firm’s corporate intellectual property, information technology and e-commerce practices. He has broad experience in transactions, including software and technology licenses, joint ventures, mergers and acquisitions, and outsourcing  arrangements. He is an internationally recognized practitioner in the field of the Internet and cyberlaw and a member of the firm’s Privacy and Data Security practice. Mr. Cunard’s practice also encompasses copyright litigation, U.S. and international media and telecommunications law, including privatizations and regulatory advice.

Mr. Cunard is the author of, and contributes to, books and articles on communications and intellectual property law, and he speaks widely on both subjects. He is on the Board of Editors of e-commerce Law & Strategy and is the co-author of two seminal books on international communications law, From Telecommunications to Electronic Services (1986) and The Telecom Mosaic (1988), both published by Butterworths. He also co-authors the treatise, Copyright Law: A Practitioner’s Guide (2001-2014), published by Practising Law Institute, and has co-authored the “Obscenity and Indecency,” “Copyright” and “Trademark and Unfair Competition Issues” chapters in Internet and Online Law (K. Stuckey, ed.) (Law Journal Seminars-Press 1999-2010).  Annually, Mr.Cunard co-authors a summary of legal developments involving intellectual property and the Internet for the Practising Law Institute’s Communications Law program. He also is a major contributor to The Future of Software (1995), published by MIT Press. For several years, he taught a seminar at Harvard Law School, “Practical Lawyering: Internet-Related Issues,” and served as co-director of the Clinical Program at the Berkman Center for Internet & Society at Harvard University.

Mr. Cunard is an active participant in community activities and the arts. He is a member of the Board of Trustees of the Freer Gallery of Art/Arthur M. Sackler Gallery, Smithsonian Institution (Chair, 2003-2007; Vice Chair, 2010-present); serves as Secretary of and is on the Board of Directors of Friends of Khmer Culture; and is Counsel to the College Art Association. He is a past President of the Woolly Mammoth Theatre Company and a past director of both and the Choral Arts Society of Washington.

Mr. Cunard graduated summa cum laude in English and Political Science from the University of California at Los Angeles in 1977 and received a J.D. in 1980 from the Yale Law School, where he was an Editor of the Yale Law Journal. After graduation from law school, he served as Law Clerk to the Honorable Wm. Matthew Byrne, US District Court for the Central District of California.



Bar Admissions

District of Columbia
New York


Yale Law School, 1980, J.D.
University of California at Los Angeles, 1977, B.A.