Jessica R. Friedman

Jessica R. Friedman

See "Firm Specialties."

Firm Overview

See "Firm Specialties."
Main Office
Attorney at Law
6 East 39 Street, 6th Floor
New York  NY  10016
Phone
  • 212-220-0900
Fax
  • jrfriedman@litproplaw.com
Websites
Intellectual Property
Copyright, trademark, licensing, publishing/literary property, marketing, websites/mobile apps
Jessica R. Friedman (Yale Law School 1984, Princeton University 1981) has practiced copyright, trademark, literary property, and licensing law in New York City for 25 years and has handled matters that relate to Internet start-ups since approximately 1995.

She has an AV Preeminent Martindale-Hubbell Peer Review Rating (5.0 out of 5), which means that she has been acknowledged by her peers as having the highest ethical standards and legal ability. Ms. Friedman has been selected as a New York Super Lawyer for 2010, 2011, 2012, 2013 and 2014. Only 5 percent of the lawyers in the state were selected.

Her clients include technology, publishing, e-commerce and entertainment companies as well as individual authors. Among the matters Ms. Friedman handles are agreements concerning copyright ownership, use and transfer, such as software development and licensing agreements, content licenses in all media, publishing agreements for authors and publishers and collaboration agreements for co-authors. She also handles literary agency agreements, website development agreements, website and mobile app privacy policies and terms of use, fair use and work-for-hire analyses, domestic and international trademark clearance/prosecution/licensing/policing, domain name disputes, joint venture and joint development agreements, acquisitions and other corporate transactions, direct marketing matters (such as sweepstakes and contest rules and compliance with advertising and CAN-SPAM laws), endorsement and sponsorship agreements, media agency agreements, pre-publication reviews of manuscripts for libel and other legal issues, and matters related to the rights of privacy and publicity.

In an earlier life as a litigation associate, Ms. Friedman represented clients in copyright and trademark infringement litigation, including the plaintiffs in the precedential case of Childress v. Taylor, 945 F.2d 500 (2d Cir. 1991), the plaintiffs in Childress v. Taylor, 945 F.2d 500 (2d Cir. 1991) (joint works) and the plaintiff in Branch v. Ogilvy & Mather, 16 U.S.P.Q. 2d 1179 (S.D.N.Y. 1990) (total look and feel), and defendant Houghton Mifflin in Eisen, Durwood & Co., Inc. v. Tolkien, 794 F. Supp. 85 (S.D.N.Y. 1992), aff'd, 990 F.2d 623 (2d Cir. 1993), which held that the "Lord of the Rings" trilogy had not fallen into the public domain in the United States.

Ms. Friedman has chaired panels and lectured on intellectual property, publishing and new media issues in various venues, including the Practising Law Institute, the New York City Bar Association, where for several years she chaired the panel on Current Developments in Copyright Law, New York University School of Law, and the New York Technology Council (formerly the New York Software Industry Association). She also has written many articles on copyright, trademark and other intellectual property matters.

She is or has been a member of the following professional organizations: Association of the Bar of the City of New York (Member: Copyright and Literary Property Committee, 1993-1996, 2002-2005, 2006-2009, 2012-2015; Trademark and Unfair Competition Committee, 2009-2012; Information Technology Law Committee, 1999-2002; Entertainment Law Committee, 1996-1999; Ad Hoc Information Superhighway Working Group, 1993-1994); New York State Bar Association (Member: Entertainment, Arts and Sports Law Section; Former Member, Committee on Literary Works and Related Rights); American Bar Association (Former Member, Section on Intellectual Property Law; Chair, Subcommittee on Joint Works and Works for Hire, 1998; Member, Subcommittee on Formalities, 1997-1998); Copyright Society of the U.S.A.; Princeton University History Department Advisory Council (2000-2004).

Ms. Friedman has two sons, Aron (21) and Jonah (17), who both keep her busy even though only one of them still lives at home. In her so-called spare time, she reads some fiction and a lot of American history, since, despite having majored in history at Princeton, she never took a single American history course. When she is too tired to grasp anything new, she re-reads a Brother Cadfael, Sister Frevisse, or Lord Peter Wimsey/Harriet Vane mystery or a volume of the No. 1 Ladies' Detective Agency series. Throughout the year, she sings in her synagogue choir, skis whenever she can, hangs out with her significant other (and, sometimes, their dog Loki), and works out at home while watching late-night reruns of Modern Family and various crime shows.

How did your firm decide on the primary area of practice(s)?

Back in 1988, after having spent three years at a big Wall Street firm, I decided that since I was interested in books, music and movies, I would switch to copyright law. Taking a 45% pay cut, I left the big firm for a tiny firm that specialized in copyright and publishing law and also trained me in trademark law. After I left the tiny firm in 1993, I was very lucky to have a couple of clients who helped bring my copyright, trademark and publishing practice into the Internet age before many other lawyers had gotten there. Since then, as online commerce has expanded and changed the scope of just about every industry, I've been very lucky to be able to expand with it, which has meant broadening my intellectual-property skill set to cover brand-new matters such as website agreements, privacy policies, and terms of use.

What experience or education distinguishes your lawyers from others

My academic credentials are as good as you can get. But perhaps more important is that I've practiced in several different practice settings: big firm, medium firm, tiny firm, in-house and solo . Working in these very varied environments has given me insight into different kinds of clients, from large multinational corporations to tiny start-ups to individual authors and other creators. Many lawyers have no idea what their in-house clients are thinking or what they really need. I do. I also have learned over the years how to convey advice to clients in language that they will understand.

What distinguishes your law firm from others?

Except on Shabbat, I'm almost always available to my clients. Even if I can't respond substantively right away, I try to respond just to let my client know that I will be getting back to him or her later. Also, since my own practice is a small business, I understand how even relatively low legal fees can represent a huge expense for a little company or an individual. Many lawyers want to show how much they know and charge the client for all the time it takes them to do that. I try to give my clients what they need to know and what they actually want to know - no more, no less. I try to offer both flexible fees and careful billing to make it possible for clients to get the legal services that they need and to give them the most value for their money. The buck starts and stops with me and I take that responsibility very seriously.

Jessica R. Friedman

Practice Areas
Intellectual Property; Copyrights; Trademarks; Licensing;
Publishing Law; Marketing Law

Admitted
1985, New York; 1986, U.S. District Court, Southern and Eastern Districts of New York

Law School
Yale University, J.D.

Member
The Association of the Bar of the City of New York (Member: Copyright and Literary Property Committee, 1993-1996, 2002-2005, 2006-2009, 2012-2015; Trademark and Unfair Competition Committee, 2009-2012; Information Technology Law Committee, 1999-2002; Entertainment Law Committee, 1996-1999; Ad Hoc Information Superhighway Working Group, 1993-1994); New York State Bar Association (Member: Entertainment, Arts and Sports Law Section; Former Member, Committee on Literary Works and Related Rights); American Bar Association (Former Member, Section on Intellectual Property Law; Chair, Subcommittee on Joint Works and Works for Hire, 1998; Member, Subcommittee on Formalities, 1997-1998); Copyright Society of the U.S.A.; Princeton University History Department Advisory Council (2000-2004).

Biography
Co-author: "A Lawyer's Ramble Down the Information Superhighway," 54 Fordham L. Rev. 700 (1995). Practicing Law Institute, Advanced Copyright Seminar, "Copyright Ownership and Transfer," 2000-2003. General Counsel, Jobson Healthcare Information, LLC, 2005. Born: New York, N.Y., May 4, 1959

Languages
Hebrew

After graduating from Princeton University in 1981 (summa cum laude, Phi Beta Kappa) and from Yale Law School in 1984, and after spending a year in Israel, Jessica Friedman started her career in the fall of 1985 as an associate with the Wall Street firm of Fried, Frank, Harris, Shriver & Jacobson, where she did commercial litigation.

In January 1989, she became an associate at Linden and Deutsch, which later became Deutsch Klagsbrun
& Blasband. There, she represented clients in copyright and trademark infringement litigation, including the plaintiffs in Childress v. Taylor, 945 F.2d 500 (2d Cir. 1991) (joint works) and Branch v. Ogilvy & Mather,
16 U.S.P.Q. 2d 1179 (S.D.N.Y. 1990) (total look and feel), and defendant Houghton Mifflin in Eisen, Durwood & Co., Inc. v. Tolkien, 794 F. Supp. 85 (S.D.N.Y. 1992), aff'd, 990 F.2d 623 (2d Cir. 1993), which held that the "Lord of the Rings" trilogy had not fallen into the public domain in the United States. She also handled various kinds of entertainment transactions, from book publishing to music publishing and theatre, and helped build up the firm's growing trademark practice.

Ms. Friedman left Deutsch Klagsbrun & Blasband in the fall of 1993 to build up her own practice. Her clients included book and magazine publishers, as well as individual creators, and she expanded her practice to include advertising matters. In addition, she began to represent Internet start-ups and to handle electronic licensing, domain name disputes, and other Internet/new media matters.

In January 1999, she became counsel to the entertainment firm of Leavy, Rosensweig & Hyman, providing niche expertise in the still-new area of Internet law. When that firm dissolved in December 1999, Ms. Friedman moved to Reboul, MacMurray, Hewitt, Maynard & Kristol. There, as the firm's sole intellectual-property attorney, she worked with the firm's corporate attorneys on venture-capital and M&A deals; handled software licenses and hosting, network and other technology agreements for the firm's hi-tech clients; and continued her practice in literary property and other areas for other clients.

In February 2003, shortly before Reboul, MacMurray merged with Ropes & Gray, she opened this office, which offers the benefit of her 25 years in these fields to clients of all sizes, but in particular to smaller companies and individuals who want individual attention and an alternative to big-firm rates and
fee structures.

Ms. Friedman has two sons, Aron (21) and Jonah (17), who both keep her busy even though only one of them still lives at home. In her so-called spare time, she reads some fiction and a lot of American history, since, despite having majored in history at Princeton, she never took a single American history course, although at the moment, she is also trying to read everything she can find about the Tudors. When she is too tired to grasp anything new, she re-reads a Brother Cadfael, Sister Frevisse, or Lord Peter Wimsey/Harriet Vane mystery or a volume of the No. 1 Ladies' Detective Agency series. Throughout the year, she sings in her synagogue choir, skis whenever she can, enjoys hanging out and vacationing with her "spousal equivalent," and works out at home while watching Foyle's War, Modern Family , or late-night reruns of Criminal Minds and other crime shows.
Education
  • Yale University
    Juris Doctorate
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