Scott J. Sholder

• “Right of Publicity and Social Media,” ABA IP West Conference, Oct. 2, 2019
• “Online Tension between Owners’ Rights and User Rights: Enforcement and Responsibility,” IPIC 93^rd Annual Conference, Sept. 27, 2019
• Moderator, “Small Ticket Items: Strategic & Ethical Considerations for Copyright Claims of Small Monetary Value,” CSUSA, September 12, 2019
• “Derivative Works and Copyright,” Strafford webinar, June 18, 2019
• Faculty facilitator, breakout session regarding copyright, trademark, and right of publicity, Media Law Resource Center (MLRC) Annual Conference, November 7, 2018
• “Think Like a Lawyer, Talk Like a Geek 2018: Get Fluent in Technology,” Practising Law Institute (PLI), October 11, 2018
• “Joint or Co-Ownership in Copyright: Works for Hire, Unique Considerations for Motion Pictures, Statute of Limitations, and Duration,” Strafford webinar, September 6, 2018
• “Famous and Furious: Beer, Video Games, and Fantasy Sports vs. Celebrity Likeness,” ABA webinar, August 29, 2018
• “Attorney’s Fee Awards in Copyright Litigation,” Mondo NYC, October 6, 2017
• “Drawing the Line: Investigating Your Client’s Copyright Claims and Defenses and Avoiding Ethical Pitfalls in Infringement Actions,” CSUSA, September 27, 2017
• “Right of Publicity Basics,” ABA webinar 2017
• “No ‘Blurred Lines’ in the Judgment,” ABA webinar, 2016
• “The Ethics of Enforcing Your Copyright,” CSUSA, October 14, 2016
• “Copyright Litigation Hot Topics,” New York City Bar Association, September 2014, 2015
• Moderator, Entertainment Litigation Strategies Panel, CMJ Business Law Seminar, October 2014

• Defended author in trademark litigation over title of book series; defeated TRO motion aimed at halting publication of author’s new book.
• Defended legendary rock musician against copyright infringement claim related to a song performed during a famous MTV broadcast.
• Defended famous music star in a high-profile copyright infringement claim involving a record company’s logo.

• Defended major sports league and member team in a trademark dispute concerning the member team’s name.
• Representing top E-Sports team in trademark litigation with apparel manufacturer; achieved favorable settlement on the eve of trial.
• Defended Manhattan hotel owners and investors against trademark infringement claims brought by Nashville restaurant.
• Defending owners and operators of various pop culture news websites against copyright infringement claims by paparazzi photograph aggregators and copyright “trolls”; secured fair use dismissals and attorney’s fee awards resulting from frivolous claims.
• Represented online travel booking website in trademark infringement action against competitor using website’s registered marks as search engine advertising keywords.
• Defended software developer in copyright infringement action relating to 3-D modeling apps.
• Secured favorable settlement on behalf of estate of legendary experimental jazz artist whose musical compositions were being exploited without permission or compensation.

Digital Media, Media Defense, and Domain Name Disputes

• Representing online content producers in disputes concerning linking and embedding of content.
• Providing counseling and legal defense on behalf of major social media and online news outlets against various copyright, defamation, and false light claims, including responding to claim letters, settlement negotiations, and litigation defense.
• Defended political action committee against defamation claim by subject of a press release.
• Securing removal of infringing user-generated content on social media websites and pirate sites through use of DMCA procedures.
• Defended operator of popular consumer complaints website against defamation claims.
• Engaging in pre-publication review of content, including investigative journalism pieces, for libel, IP issues, and other risks.
• Secured dismissal with prejudice of federal and state lawsuits against major media company asserting claims of false light, infliction of emotional distress, and tortious interference in connection with online articles and radio/video interviews.
• Securing the transfer of infringing domain names from cybersquatters on behalf of music artists, television/film talent, photographers, game designers, and fashion designers through UDRP procedures.

Right-of-Publicity and Privacy Disputes

• Defending famous director/writer/actor and production company in right-of-publicity claim.
• Represented leading Irish folk dancer in right-of-publicity claim against major talent management firm for using name and likeness for advertising purposes.
• Secured dismissal of a right-of-publicity claim against a fine art photographer by subjects of photographs, and affirmance by the New York Appellate Division First Department.
• Reached a favorable settlement for major stock content licensor in a lawsuit dealing with improper end uses of a photograph depicting the plaintiff which had been submitted with a falsified model release.
• Secured dismissal of right-of-publicity, breach-of-contract, and fraud claims against a photographer when photographs of model appeared on adult websites in violation of EULAs and without knowledge of the photographer.
• Handling disputes concerning model releases in connection with digital image licensing.
• Asserting claims on behalf of subjects whose likenesses were used without consent or beyond the scope of releases or license agreements.

General Media and Entertainment Litigation and Counseling

• Defended theater producer in a contract litigation arising out of force majeure cancellations of live productions.
• Represented foundation of famous pop-culture artist against former exclusive agent and dealer for copyright and contract breaches; secured significant judgment after summary judgment and damages trial.
• Represented mystery writer in contractual fight with co-author; achieved favorable settlement.
• Represented international film sales agent in arbitration and federal litigation against distributors who failed to pay minimum guarantees or secure financing; secured complete victory in two-day arbitration and favorable settlement in federal court case.
• Representing classical music management company in dispute over whether employment agency license is required; first-chairing multi-week bench trial.
• Providing counseling and advice and engaging in settlement negotiations on behalf of film, digital media, and television producers dealing with various contract disputes with co-producers, financiers, directors, editors, and talent.
• Providing counseling and advice, and settling disputes concerning various commercial contract claims, including over unpaid commissions, fees, and royalties, improper termination, and unfulfilled advertising and marketing commitments.
• Representing various media and entertainment companies in connection with third-party subpoenas for the production of documents and depositions.

General IP Advice and Strategy

• Conducting trademark searches, clearance, and risk assessments.
• Registering trademarks with USPTO.
• Handling office actions, oppositions, and other TTAB proceedings.
• Providing counseling in connection with various copyright issues, including assessing public domain status of works, fair use of copyrighted works, registration, and protectability of new works.
• Providing counseling in connection with various copyright issues, including assessing public domain status of works, fair use of copyrighted works, registration, protectability of new works, and implications of generative AI.