Debevoise IP Partners Publish New Edition of Copyright Law Treatise

30 April 2015

Bruce P. Keller and Jeffrey P. Cunard, partners of Debevoise & Plimpton LLP, have authored a second edition of Copyright Law: A Practitioner’s Guide (Practising Law Institute, 2015), their definitive one-volume copyright treatise. Designed for copyright owners, users and others with an interest in copyright law, the book highlights the most common issues facing practitioners.

Keller and Cunard have litigated some of the most highly-publicized copyright cases in recent years. In Copyright Law, they help readers to:

  • Understand the scope of copyright owners’ exclusive rights.
  • Prove copyright infringement and obtain appropriate remedies.
  • Apply fair use and invoke other defenses.
  • Know when Internet-related activities constitute copyright infringement.
  • Find out who owns a work for clearance purposes.
  • Assess when the statutory safe harbors for the Internet apply.
  • Get insurance against litigation risks arising from possible infringing uses.

The updated and expanded second edition of Copyright Law covers the most recent, significant cases and includes a new chapter dedicated to criminal copyright. It also discusses:

  • The practical effect of the Supreme Court’s July 2014 decision in American Broadcasting Cos. v. Aereo and its application of the public performance right to Internet television retransmissions.
  • The Supreme Court’s 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.
  • Fair uses, including “space shifting” and “place shifting”.
  • Pleading copyright claims after Twombly and Iqbal.

Bruce P. Keller is a partner in the New York office of Debevoise & Plimpton, supervising the firm’s Intellectual Property Litigation practice. During his career, he has litigated numerous cases involving novel issues of copyright law, including American Broadcasting Cos. v. Aereo, Inc., 134 S. Ct. 2498 (2014) (Internet television retransmissions); Omega, S.A. v. Costco Wholesale Corp., 2015 WL 235479 (9th Cir. Jan. 20, 2015) (copyright misuse); and Harney v. Sony Pictures Television, Inc., 704 F.3d 173 (1st Cir. 2013) (substantial similarity of photographs).

Jeffrey P. Cunard, the managing partner of the Washington, D.C. office of Debevoise & Plimpton, represents clients in copyright litigation, particularly where new technologies are involved; provides advice on copyright, information technology, communications and digital media issues, including copy protection and electronic commerce; and heads the firm’s Corporate Intellectual Property practice.

Consistently placed in the top-tier by Chambers Global, Debevoise's Intellectual Property Group enjoys a position of extraordinary prominence, including being selected in 2015 by Managing Intellectual Property for having litigated a Milestone Case of the Year (Aereo) and, before that, repeatedly being named as the top Trademark Litigation Firm of the Year. The Group handles a wide variety of cases around the world, including trademark, trade dress and advertising disputes; copyright matters in media and entertainment; right of publicity issues; and unfair competition, trade secret and patent cases. Many of its cases have cross-border components, and it has deep experience across a wide range of industries. With litigators renowned for both their practicality and their excellence in the court room, Legal 500 said about the Group, “You wouldn’t want to spill any blood in the water with these guys around. They are tough, efficient and highly effective trial lawyers.”