When Worlds Collide: Emerging Trends in Media & Intellectual Property Litigation


CLE credits earned: 2 GEN

This program, presented by Toby Butterfield of Moses & Singer LLP, will discuss emerging trends in media litigation, with a particular focus on intellectual property disputes.

The course will examine recent trends in litigation, with a close look at cases involving the media industry. Topics to be covered include “disguised IP” cases (e.g. Pai v. Blue Man Group, among others), First Sale Doctrine (Disney v. Redbox; ReDigi), Fair Use (Fox News v. TV Eyes, American Society for Testing and Materials v. Public.Resource.Org), and more. The program will also identify ways to adapt to recent developments, including strategies to advise your clients in this new environment. Finally, the program will also include 25 minutes of “Q and A” re recent developments in IP and media litigation with Bridget Crawford, General Counsel, Blue Man Group, now a part of Cirque du Soleil.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

•   Emerging trends in media and intellectual property litigation
•   New legal developments in media and IP law
•   Strategies for advising clients in light of recent developments
•   Recent substantive legal developments in copyright and trademark
•   Developments in the manner in which media and IP matters are litigated
•   Practice pointers on how to address these developments and mitigating risk

Date / Time: November 12, 2018

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

Select your state to see if this class is approved for CLE credit.

Choose the format you want.


Original Broadcast Date: November 12, 2018

Toby M.J. Butterfield, Esq. is a partner in Moses & Singer LLP’s Intellectual Property and Litigation groups.

Mr. Butterfield has 20 years of experience litigating and counseling on copyright, trademark, defamation, software and digital media, and commercial matters. His clients include media and entertainment companies, major brand owners, technology companies and designers of luxury goods. His recent work includes successfully representing an “over the top” TV broadcaster in a distribution dispute with numerous Russian broadcasters; defense of a well-known theater production in litigation concerning music royalty payments; representation of a regional on-line pharmacy in cases concerning false advertising, trademark, fraud and RICO claims; defending book publishers in copyright litigations; and obtaining a fair use dismissal of copyright infringement claims against theater producers concerning a parody play. He has successfully defended film producers and distributors, theater producers, technology and software companies, and has obtained injunctions and seizure orders for magazine publishers and a well-known producer of children’s TV programming. He regularly counsels IP owners and performs pre-publication and pre-broadcast review of content for publishers of books, motion pictures, newspapers and magazines.

Mr. Butterfield writes and speaks frequently for bar associations and industry organizations. He is a Lecturer in Law at Columbia Law School, where he has conducted a seminar on Social Media Law and Regulation since 2014. He co-chaired the Entertainment Business Law Seminar at NYU during the annual CMJ Music Festival. He has lectured at AIPLA’s annual national conference, for PLI on copyright fair use and “technotainment”, and for Lawline. He authored the first chapter of Counseling Content Providers in the Digital Age on defamation for the New York State Bar Association and has written for the Copyright Society of the USA, for the ABA’s Landslide magazine and for Media Law Resource Center and other bar associations and publications regularly on topics including Fair Use, Copyright Termination, the Digital Millennium Copyright Act. He has lectured on legal topics at television industry conferences all over the world and previously taught Media and Entertainment Law at Cardozo Law School.

Mr. Butterfield currently co-chairs MLRC’s committee on Media Copyright and Trademark, and previously chaired the New York City Bar’s Committee on Entertainment Law, its Committee on State Courts of Superior Jurisdiction, WNYC Radio’s Community Advisory Board, and was Administrator of the New York State Supreme Court Screening Panel for Democratic Party judicial candidates in New York County. He has appeared on BBC World News, Forbes TV, and has been quoted by the New York Times, Forbes, Law360, The Hollywood Reporter and many other news and legal publications.

Bridget Crawford, Esq. (Guest) serves as General Counsel/Vice President of Business and Legal Affairs to the dynamic, global entertainment brand best known for the award-winning Blue Man Group show. In this role, she provides strategic advice and support to all company departments, including, creative, production, marketing and sales, business development, human resources, information technology, operations and finance. A substantial part of her practice centers on transactional matters, such as contract drafting and review and advice on general governance, commercial and compliance issues. In addition, she manages the brand’s intellectual property portfolio and oversees outside counsel in connection with litigation involving the company.

Accreditation Policy
myLawCLE seeks accreditation for all programs in all states. (Accreditation for paralegals sought thru NALA and NFPA paralegal associations.) Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.

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Accreditation on Formats: Live Video Broadcasts, “Live” Re-Broadcasts and On-Demand CLEs

Live Video Broadcasts
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“Live” Re-Broadcasts
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On-Demand CLEs
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Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, HI, CT, FL, ME, MO, MT, ND, NH, NM, VT, NJ, NY, and WV. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

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