ASMPNY Legal PanelWednesday May 7th, 2008

Panelists:

Samiya (Simi) Mir - Katona & MirDavid B. Wolf - Cowan, DeBaets, Abrahams & Sheppard LLPAndrew Berger - Tannenbaum Helpern Syracuse & Hirschtritt LLPVictor S. Perlman - ASMP Moderator: Matt Greenslade - Matt Greenslade Photography Inc.

ASMPNY Legal Panel• Presentations:

Samiya (Simi) Mir, Contracts Andrew Berger, Basic CopyrightDavid B. Wolf, Copyright LitigationVictor S. Perlman, Orphan Works Legislation

• Your Questions

• Please turn mobile phones off.

SAMIYA (SIMI) MIRKatona & Mir

www.katonamir.com

Ms. Samiya (Simi) Mir earned her bachelor's degree in political science at Colgate University and graduated cum laude from American University, Washington College of law. Upon graduation from law school, she served as a judicial clerk for the Honorable Vanessa Ruiz, D.C. Court of Appeals. Simi worked at the law firm of Fried, Frank, Harris, Shriver and Jacobson from 2001 to 2004, where she practiced trial and appellate litigation and represented businesses and individuals on cases involving securities and white collar crime. She also served as a staff attorney at The Legal Aid Society, Criminal Defense Division where she defended indigent individuals on cases involving various types of criminal conduct.

Ms. Mir has taught classes on immigration consequences of criminal conduct, and

has also taught contracts and business law in Milan, Italy. She also served as an Adjunct Professor at the prestigious Fordham University School of Law. Ms. Mir is on the executive committee for the South Asian Women's Leadership Forum, Women in the Law, and is a member of Asian Women in Business.

Talent Contractual Agreement – part one

Talent Contractual Agreement – part two

ASMP Professional Business Practices in Photography (6th Edition) – page 40 (part one)

ASMP Professional Business Practices in Photography (6th Edition) – page 40 (part two)

ASMP Professional Business Practices in Photography (6th Edition) – page 41 (part one)

ASMP Professional Business Practices in Photography (6th Edition) – page 41 (part two)

ANDREW BERGERCounsel, Tannenbaum Helpern Syracuse & Hirschtritt LLP

www.thshlaw.com

Andrew Berger is a litigator focusing on intellectual property defense and prosecution on behalf of publishers, authors, illustrators, imaging companies and advertising agencies. He helps these clients protect their trademarks and copyrights against infringement and assists them in winning compensation when their works are used without authorization. Andrew also has broad-based commercial litigation experience. His recent trials have been on behalf of a manufacturer of cooling systems and a British construction company. He has also represented in complex commercial litigation the Government of Ecuador, the Women's Professional Tennis Association, and a Channel Islands investment company based in Marbella Spain.

Andrew is a mediator in the Southern District of New York and in the State Supreme Court, New York County. He

teaches trial practice at Hofstra Law School and at the National Institute for Trial Advocacy. He in June 2007 completed a two-year term as President of the Cornell Law Association, the organization representing the 9,000 alumni of Cornell Law School where he also served on the Dean's Advisory Council. Over twenty years ago Andrew founded the Litigators Club which meets periodically with federal and state judges to discuss matters of common concern. The federal judges who have been guests of the Litigators Club in recent years include Lewis Kaplan, Denise Cote, Robert Sweet, Loretta Preska, Paul Crotty and Shira Scheindlin.

Andrew was recognized in 2006 as a "New York Super Lawyer" in the first listing of top New York attorneys

published by Law & Politics in the fields of Intellectual Property and Business Litigation. He is a member of the Copyright Committee of the City Bar and a frequent speaker on intellectual property to bar and trade groups. In 2007, Andrew spoke on copyright issues at seminars sponsored by the ABA Litigation Section, the Practicing Law Institute, the National Constitution Center and the Association of Medical Illustrators.

ANDREW BERGERCounsel, Tannenbaum Helpern Syracuse & Hirschtritt LLP

www.thshlaw.comPublications: • Avoiding Copyright and Trademark Problems, • How to Create Parodies that Satisfy Fair Use Standards, • The Benefits of Registration, • The Law of Substantial Similarity, • The Right of Publicity, • Tips You Can Use to Protect Your Copyrights Presentations: • Contracts from Heaven or Hell-You Choose; presented at the annual meeting of the Association of Medical Illustrators in Bozeman, Montana, July 2007 • Rights of Photographers and Visual Artists; presented at an Advanced Seminar on Copyright Law sponsored by Practicing Law Institute, May 2007 • The Nuts and Bolts of Protecting Your Copyrights; presented at a seminar sponsored by the National Constitution Center, May 2007 • What Litigators Need to Know to Protect Clients in the Internet Age, sponsored by the ABA Litigation Section February 2007 • So Soon After Tasini Another Supreme Court Battle May Loom Over the Reproduction of Freelance Contributions in Electronic Databases; presented at the Copyright

Society, 2005 • Copyright Basics; presented to the Annual Meeting of the Association of Medical Illustrators, Los Angeles, 2005 • Protecting Yourself from Copyright Problems; presented to the American Society of Media Photographers, 2004 • Licensing Issues in Copyright; presented at an Editorial Photographers Outreach Program in New York, 2003 • State Civil Procedure Rules Relevant to Federal Court Practice; presented on behalf of the Federal Bar Council to law clerks in the Second Circuit, 2003 • Protecting Your Web Site from Copyright and Trademark Issues; presented at a Design Management Conference, Montreal, Canada, 2000 Significant Matters:

• Ward v. Natl. Geographic Society, 208 F. Supp. 2d 429 (S.D.N.Y. 2002); Faulkner v. Natl. Geographic Society, 294 F.Supp. 2d 523 (S.D.N.Y. 2003); Faulkner v. Natl. Geographic Society, 409 F.3d 26 (2d Cir.), cert den. 126 S.Ct. 833 (2005). These cases involve a CD-ROM product called the Complete National Geographic.

• Merana v. Prudential Bache, as reported in Cresswell v. Sullivan & Cromwell, 704 F. Supp. 392, 408 (S.D.N.Y. 1989). This was a commodities fraud action against Bache in which the district court disclosed that our client had settled for 93.99% of its losses.

DAVID B. WOLFPartner, Cowan, DeBaets, Abrahams & Sheppard LLP

www.cdas.com

David B. Wolf is a litigator in the field of copyright and related areas and is head of the firm’s litigation department. He is a frequent speaker and panelist on copyright matters.

• Wrote the winning amicus brief in the Random House v. Rosetta Books case on electronic publishing in the Second Circuit Court

of Appeals • Won a leading case on the use of offers of judgment in copyright cases, Jordan v. Time Inc. • Wrote the winning amicus brief for map publishers in the leading decision on the copyright protection of maps, Mason v.

Montgomery Data • Successfully represented the artist Al Hirschfeld in litigation against his gallery • Past Chair, Committee on Copyright and Literary Property, Association of the Bar of the City of New York • Adjunct Professor (Copyright Litigation), Fordham University School of Law • Former Associate General Counsel/Litigation Counsel, Time Inc. • Author, "Is There Any Copyright Protection for Maps After Feist?", 39 Journal of the Copyright Society 224 (1992), quoted in

Mason v. Montgomery Data, Inc., 967 F.2d 135 (5th Cir. 1992) • Author, "‘Effective Protection Against Unfair Competition’ Under Section 44 of the Lanham Act," 82 Trademark Reporter 33

(1992) • Trustee, Copyright Society of the U.S.A. • B.A. (magna cum laude) Yale University, member Phi Beta Kappa. • M.Phil (Comparative Literature) Yale University • J.D. University of Pennsylvania Law School, associate editor of Law Review • LLM (Trade Regulation) New York University School of Law

VICTOR S. PERLMAN, ESQ.General Counsel, ASMP

www.asmp.org

Victor Perlman is General Counsel to the American Society of Media Photographers, Inc. (ASMP). He has also served on the Boards of Directors of the Media Photographers Copyright Agency, Inc., the Copyright Clearance Center (CCC), and the Philadelphia Volunteer Lawyers for the Arts.

Mr. Perlman has frequently appeared as an author in various

publications, including Communication Arts and Popular Photography and is co-author of Licensing Photography, published by Allworth Press. He is the co-author of Licensing Photography. He has testified in Congressional hearings and proceedings held by the U.S. Copyright Office and the U.S. Patent and Trademark Office.

Resources

• Registering your copyright – Websites:– www.asmp.org/copyright– www.copyright.gov/– www.editorialphoto.com– http://www.peterkrogh.com/copyright/main.html– ftp://johnharrington.com/copyright_reg_formVA_sample.pdf– How to Register the Copyrights for Your Photographs by Carolyn

E. Wright (www.photoattorney.com) http://www.naturescapes.net/102005/cw1005.htm

– http://www.apanational.com/files/public/MassRegistration.pdf

Books

• Licensing Photography by Richard Weisgrau and Victor S. Perlman, Allworth Press.

• Business and Legal Forms for Photographers (3rd Edition) by Tad Crawford, Allworth Press.

• The Professional Photographer’s Legal Handbook by Nancy E. Wolff, Allworth Press.

• The Law (in Plain English) ® for Photographers by Leonard D. DuBoff, Allworth Press.

• Best Business Practices for Photographers by John Harrington, Thomson.