Joshua Kaufman (AV® Preeminent™ Ranked) is the head of the firm's Copyright and Licensing Group. He counsels and litigates in the fields of copyright, e-commerce, licensing, art, intellectual property, software, on-line issues, trademark, entertainment, media and literary law. He advises his clients in structuring and negotiating transactions in which they exploit their intellectual property rights or in acquiring them from others.
Mr. Kaufman is a leader in anti-counterfeiting. He has been involved in hundreds of anti-counterfeiting efforts leading to the seizing, destruction or elimination of thousands upon thousands of counterfeited and infringed products. He has represented trademark, copyright and other rights owners in their never ending struggle against the world wide scourge of counterfeiting. Whether it takes a simple "Cease & Desist" letter, filing of a law suit or undertaking actual raids, Mr. Kaufman has been there time and again. Mr. Kaufman prides himself on often being able to make his enforcement activities "profit centers" for his clients. In the interest of balance, he has defended counterfeiters and infringers as well.
Mr. Kaufman was one of the nation's first computer and cyber lawyers. In addition to the law, Mr. Kaufman knows technology. He worked as a computer consultant and, for 10 years, wrote a syndicated column in which he reviewed hardware and software. He is also one of the country's most well-known art lawyers with clients spanning the globe. He represents a wide variety of artists, art publishers, art licensing agents and art licensees. Once again his legal proficiency is augmented by a strong knowledge of the art world as an artist, gallery owner and importer (he was MC Escher's first distributor in the USA).
Mr. Kaufman has a wealth of experience in all forms of licensing including software, trademarks, copyright, sports, art and personalities. He has negotiated hundreds of licenses involving most of the major licensing entities (representing licensee, licensors and agents). He has written numerous articles on licensing for a variety of publications, is a co-author of Licensing for Dummies, a regular contributor to the Licensing Royalty Rate Guide and a frequent speaker at the Licensing Show, Surtex and other trade events.
Mr. Kaufman assists his clients in understanding how to acquire and obtain the rights necessary for their projects, specifically, the acquisition of licenses, copyrights, trademarks and trade secret rights. He assists clients in exploiting these rights through licensing and joint ventures. In the event that his clients' rights are infringed upon, Mr. Kaufman assists them in securing proper and appropriate recompense for their losses through mediation, negotiation, arbitration and litigation. In order to fully protect their rights and insure they are not infringing on the rights of others he spearheads the firm's IP Audit group. In the event that a client has misused the intellectual property of another, Mr. Kaufman seeks to extricate them from such circumstances in the most expeditious, cost-effective and confidential manner possible.
Mr. Kaufman combines his knowledge of his clients' businesses with his legal proficiency to provide practical legal advice without losing sight of the client's business goals and needs. He never forgets the most important rule is to get the deal closed on the best possible terms for his clients.
Significant Matters
SUPREME COURT OF THE UNITED STATES:
· CCNV v. Reid, 109 S.Ct, 2166 (1989) Successful affirmation (Copyright Work For Hire)
APPELLATE COURTS:
· Societe Civile Succession Richard Guino v. Beseder, Inc., et al., arguing before the 9th Circuit October 20, 2008.
· Nelson Salabes, Inc. v. Morningside Holdings, et. al. 284 F.3d 505 (USCA 4th Cir. 2002) (Copyright Damages- Architectural works)
· Staggers v. Real Authentic Sound, 77 F. Supp. 2d 57, 1999 U.S. Dist. LEXIS 19136 (D.D.C. 1999) (Music Copyrights)
· Weschler v. Klank, 561 A.2d 1003 (D.C. App. 1989) Successful affirmation (Consumer Protection Auction House Liability-representing Bill Cosby)
· Barry v. Donnelly, 781 F.2d 1041 (4th Cir. 1986) Successful appeal (Equitable Estoppel) Ownership rights in Artwork
· Zitelman v. Metropolitan Insurance Agency, 482 A.2d 426 (D.C. App. 1984) Successful appeal (Civil Procedure Summary Judgment)
· Davis v. Davis, 417 A.2d 1008 (D.C. App. 1984) Successful affirmation (Estates Will Signing and Witnessing)
· Spackman v. D.C. Department of Employment Services, et al., 590 A.2d 515 (D.C. App. 1991) (Labor Law Employee vs. Independent Contractor status)
DISTRICT COURTS (selection of reported cases):
· Aaron Young Fine Arts v. O'Brien, 244 F.R.D. 294 (U.S.D.C. MD 2007)
· Pure Country Weavers v. Bristar, 410 F. Supp.2d 439 (USDC NDNC 2006)
· Societe Civile Succession Richard Guino v. International Foundation for Anti-Cancer Drug Discovery, U.S.D.C. AZ 2:06-cv-1540; 460 F.Supp 2d 1105, 83 U.S. PQ 2d 1360 (D. Ariz, 2006)
· Societe Civile Succession Richard Guino v. Beseder, Inc., et al., U.S.D.C. AZ 07-15582, 81 USPQ 2d 1260 (D. Ariz 2006)
· Agence france Presse v. Google, 2005 WL 3174405
· Getty Images News Services v. Department of Defense, 193 F. Supp 2d 112 (USDC DC 2002)
· Agence France Presse v. Department of Defense, George Bush, Richard Cheney, et al, 762 F. Supp. 1558 (S. Dist. NY 1991) (First Amendment/Freedom of the Press)
· United States of America v. Usama Bin Laden, 98 Cir 1023 (U.S.D.C.N.Y. 2001-) [First Amendment-Press Priviledge-Quash Subpoena]
· Graffman v. John Doe, 1998 U.S. Dist. Lexis 1339 (DC SDNY) (Liability/Responsibility Art Collectors) Affirmed 2nd Cir. 1999.
· Agence France Presse v. Department of Defense, George Bush, Richard Cheney, et al., 762 F. Supp. 1558 (S. Dist. NY 1991) (First Amendment/Freedom of the Press)
· National Catholic Reporter Publishing Company v. Federal Bureau of Investigation 514 F. Supp. 1149 (D.C. 1981) (Freedom Of Information Act)
Activities
For the past 18 years Mr. Kaufman has been an adjunct professor at the Washington College of Law at American University where he has taught Entertainment Law and Art Law. He established two nonprofit organizations, the Volunteer Lawyers for the Arts, D.C. and the Society to Prevent Trade and Stolen Art. Mr. Kaufman was a founding member of the D.C. Bar Sections on Art, Entertainment & Sports Law and Computer Law. He served on the Steering Committee of the Copyright Society of the United States (Washington, D.C. Chapter). He is General Counsel to the Art Copyright Coalition and international organization dedicated to the enforcement of the rights of the creative arts community.
Mr. Kaufman sits on the boards of two non-profits: the Jewish Foundation for Group Homes, one of the nation's preeminent organizations providing independent housing opportunities for disabled citizens; and Learning Matters an Emmy Award nominated and Peabody Award winning TV production company focusing on educational matters.
Industries
New Media, Media and Entertainment
Consumer Products and Services
Education
Memberships
Steering Committee (founding member), District of Columbia Bar Art, Entertainment & Sports Law Division, Chairperson, Visual Arts Committee
Steering Committee, (past) Copyright Society of the U.S.A., Washington, D.C.
American Bar Association
National Computer Law Association
District of Columbia Computer Law Forum
Bar of the District of Columbia Art Law Section
D.C. Bar Computer Law Division
ABA Forum Committee on the Entertainment and Sports
International Cultural Heritage Forum
News
May 10, 2012, Joshua Kaufman quoted in the ABA Journal magazine in article on the exploding topic of termination of music rights
April 9, 2012, Josh Kaufman and Sarah Johnson quoted in Tax Notes Today on art valuation
February 10, 2012, Joshua Kaufman quoted in Los Angeles Times, Hollywood Reporter and Art & Auction Magazine over the settlement of an artist re-sale royalty case in Los Angeles
November 10, 2011, Meaghan Hemmings Kent and Joshua Kaufman book reviewed by Patent Barista
October 25, 2011, Joshua Kaufman quoted in Los Angeles Times on "resale royalty" case
October 19, 2011, Josh Kaufman featured in Law360 Q&A
January 10, 2011, Joshua Kaufman quoted on copyright and trademark suits in 2010
September 21, 2010, Joshua Kaufman quoted in Law360 article on significant spoliation case
July 15, 2010, Joshua Kaufman and Meaghan Kent appointed adjunct professors at George Washington University Law School
June 29, 2010, Meaghan Hemmings Kent and Joshua Kaufman book reviewed in the Journal of Intellectual Property Law and Practice
June 11, 2010, Venable's Advertising & Marketing Practice Wins Chambers USA Award for Excellence
May 18, 2010, Venable's Trademark Practice Ranked Tops in Washington, DC and Among Top 10 Nationally by Trademark Insider ; Firm Also Places Among National Leaders for Trademark Registrations by Intellectual Property Today
May 10, 2010, Venable ranked among top 20 trademark practices by IP Today
November 4, 2009, Joshua Kaufman re-appointed Adjunct Professor at American University Law School for his 18th year
September 1, 2009, An Associate's Guide to the Practice of Copyright Law by Joshua J. Kaufman and Meaghan Hemmings Kent reviewed by 1709 Copyright Blog
August 27, 2009, Venable plays key role in recent Sheryl Crow deal
May 7, 2009, Venable ranked among top 20 trademark practices by Intellectual Property Today and Trademark Insider
October 10, 2002, Art Copyright Coalition Formed to Combat Piracy in Visual Arts; First Non-Profit Organization of Publishers/Artists to Go After Violators; Venable Partner Joshua J. Kaufman is General Counsel
January 11, 2000, Victory For New York Art Collectors
Honors
AV® Peer-Review Rated by Martindale-Hubbell
Publications
Mr. Kaufman has co-authored five books, An Associate's Guide to the Practice of Copyright Law (Oxford University Press, July 2009), Licensing for Dummies (Wiley Publishing, Inc., 2005), The Entertainment Lawyer: Protector of the Creative and Innovative (Aspatore Books, 2004), The Business of Art (Prentice-Hall 1998) and The Art of Investing in Art (Lawyers Committee for the Arts, 1980).
Mr. Kaufman is a regular lecturer and has published over two hundred articles in a wide variety of publications on computers, IP, cyber, copyright, trademark, art, entertainment, licensing and related topics. He writes regularly for the following publications:
· Art Business News, Contributing Editor. Regular columns on legal issues which affect the arts industry.
· Li©ense Magazine, Regular columns on legal issues which affect the licensing industry.
· Royalty Rate Guide Licensing Royalty Rates, Aspen Publishing, Annual contributor of art industry rates and trends.
A selection of his 200+ articles:
December 2011, So, You Think Your Trademark's Been Infringed Upon
Joshua J. Kaufman
LIMA's Bottom Line
November 17, 2011, Advertising News & Analysis - November 17, 2011
Jeffrey D. Knowles, Roger A. Colaizzi, Gary D. Hailey, Ashley W. Craig, Stuart P. Ingis, Joshua J. Kaufman
Advertising Alert
October 2011, Royalties: Are You Getting Your Fair Share?
Joshua J. Kaufman
Art World News
IP Buzz
October 13, 2011, Fan Art: Friend or Foe?
Joshua J. Kaufman
December 16, 2010, So You Want To Be On The Internet ®
Maurice Baskin, George E. Constantine, Todd R. Farnsworth, Mikhia E. Hawkins, Lisa M. Hix, George W. Johnston, Matthew T. Journy, Joshua J. Kaufman, Gilead I. Light, Luisa M. Lopez, Caryn G. Pass, Janet F. Satterthwaite, Melissa Landau Steinman, Jeffrey S. Tenenbaum, Armand J. (A.J.) Zottola
Related Topic Area(s): Social Media
October 2010, U.S. Trade Representative Seeks Public Comment For List of Markets Notorious for Counterfeiting
Roger A. Colaizzi, Lindsay B. Meyer, Joshua J. Kaufman, Meaghan Hemmings Kent, Carrie A. Kroll, Elissa Brockbank Reese, David D. Conway, Christopher S. Crook
Client Alerts
December 14, 2009, Your Association's Website Terms and Conditions May Be Unenforceable
Joshua J. Kaufman
Related Topic Area(s): Electronic Communications
November 12, 2009, Your Web Site Terms and Conditions May Be Unenforceable
Joshua J. Kaufman
Client Alerts
July 2009, An Associate's Guide to the Practice of Copyright Law
Meaghan Hemmings Kent, Joshua J. Kaufman
Oxford University Press
June 24, 2009, Copyright Office: Rate Increases and Delays
Joshua J. Kaufman
June 24, 2009, Filing Copyrights: How and Why or Just Do It!
Joshua J. Kaufman
2009, Seller Beware
Joshua J. Kaufman
PFM Magazine
March 2009, Slideshow: Counterfeits We've Eliminated
Joshua J. Kaufman
2009, Assessing the Risks of Appraising and Authenticating Art
Joshua J. Kaufman
Art Business News
2008, What You Need to Know Before You Publish Your Own Prints
Joshua J. Kaufman
PFM Magazine
2008, Burying the Dead Celebrity: Post Mortem Right of Publicity
Joshua J. Kaufman
Li©ense Magazine
July 28, 2006, Copyright Office Proposes Giving Infringers Carte Blanche Rights to Infringe
Joshua J. Kaufman
Advice
June 1, 2006, Choosing a Licensing Lawyer
Joshua J. Kaufman
License
June 1, 2006, 'Til Death Do Us Part
Joshua J. Kaufman
License
April 24, 2006, 21st Century Legal Issues for Educational Institutions
Joshua J. Kaufman
2005, Co-author, "Licensing for Dummies"
Joshua J. Kaufman
Wiley Publishing, Inc.
2004, The Entertainment Lawyer: Protector of the Creative and Innovative, Inside the Minds: The Legal Sides of Entertainment, Sports & Media
Joshua J. Kaufman
Aspatore Books, Inc.
July 2003, Selling Knockoff Frames Is Illegal: Protecting Frame Designs
Joshua J. Kaufman
Framing Business News
September 2002, Putting the Brakes on Harley
Marcia A. Auberger, Joshua J. Kaufman
Art Business News
July 2000, Copyright Protection for Your Association's Web Site
Joshua J. Kaufman
Related Topic Area(s): Copyrights and Trademarks, Electronic Communications
June 2000, On-Line Copying Is (Generally) Not Fair Use
Joshua J. Kaufman
Related Topic Area(s): Copyrights and Trademarks, Electronic Communications
May 23, 2000, Perfecting Security Interests in Intellectual Property
Joshua J. Kaufman
Legal Times
January 2000, What Do You Mean I Don't Own It?
Joshua J. Kaufman
Related Topic Area(s): Copyrights and Trademarks
November 21, 1999, So You Want To Be On The Internet ®
Walter R. Calvert, Joshua J. Kaufman, Brian J. O'Connor, Andrew D. Price, Michael A. Sartori, Ph.D., Janet F. Satterthwaite, Melissa Landau Steinman, Damon W.D. Wright
Related Topic Area(s): Copyrights and Trademarks
September 7, 1999, The Mein Kampf Minefield
Joshua J. Kaufman
Legal Times
September 1999, E-Commerce and Worldwide Worry
Joshua J. Kaufman
Legal Times
July 7, 1999, Internet Tax: An Uncharted Sea
Joshua J. Kaufman
Legal Times
March 9, 1999, The Day the Music Web Site Died
Joshua J. Kaufman
1981, The Art of Investing in Art
Joshua J. Kaufman
LCA Press, Second Printing
Events/Speaking Engagements
Upcoming Events
May 21, 2012, "New Legal Strategies - Royalties, Terms, and More" at the Surtex Conference 2012
Joshua J. Kaufman
June 13, 2012, "Getting Your Fair Share: How to Prevent Royalty Underpayments" at the Licensing International Expo
Joshua J. Kaufman
Past Events
March 20, 2012, "Estate Planning for the Artist and Art Collector" for the Estate Planning Committee of the DC Bar Taxation Section
Sarah M. Johnson, Joshua J. Kaufman
October 26, 2011, "Getting Your Fair Share: How To Prevent Royalty Underpayments" Venable video webinar
Joshua J. Kaufman
May 16, 2011, "Blueprint for Licensing Contracts" at SURTEX 2011
Joshua J. Kaufman
May 1, 2010, "Fighting Piracy and Counterfeits" at MENSA Annual Meeting, Washington DC
Joshua J. Kaufman
March 26, 2010, "Key Legal Issues Facing the Arts Today" at Artexpo New York 2010
Joshua J. Kaufman
January 26, 2010, "Key legal Issues facing the Art World" at the West Coast Art and Frame Show
Joshua J. Kaufman
June 2, 2009, "Royalty Rate Trends" at the Licensing International Expo
Joshua J. Kaufman
April 14, 2009, American Society of Appraisers
Joshua J. Kaufman
2007-2009, "Key Legal Issues Affecting the Arts" at the West Coast Art & Frame Show
Joshua J. Kaufman
December 2008, "Cutting Edge Internet Issues" at the XXV Internet and Telecom Conference
Joshua J. Kaufman
November 18, 2008, Smithsonian American Art Museum's 2008 Fall Collector's Roundtable Series
Joshua J. Kaufman
September 6, 2008, "One Hundred Five" (the HBCU) Voices of History Conference
Joshua J. Kaufman
May 2008, "Issues of First Impression" at the International Tech Law Conference
Joshua J. Kaufman
2007, "Navigating the Internet: Understanding U.S Law" at the Israel-America Chamber of Commerce in Tel Aviv, Israel
Joshua J. Kaufman
2007, "Stopping Chinese Counterfeits: A Practical Hands On Approach" at the USPTO Road Show
Joshua J. Kaufman
September 8, 2006, "Stopping Counterfeits from China" at the DECOR Expo
Joshua J. Kaufman
April 25, 2006, "21st Century Legal Issues for Educational Institutions" at the 11th Annual Technology Retreat 2006
Joshua J. Kaufman
October 5, 2005 - October 7, 2005, Key Legal Issues and Considerations in Negotiating a Wireless License
Joshua J. Kaufman
September 16, 2005 - September 18, 2005, Turn Problems into Profit
Joshua J. Kaufman
June 20, 2005, Licensing 2005 International
Joshua J. Kaufman
November 2, 2004 - November 4, 2004, Licensing International Networking Conference
Joshua J. Kaufman
July 18, 2004 - July 20, 2004, Toy Industry Association's 2004 Multi-Discipline Conference
Lindsay B. Meyer, Joshua J. Kaufman
April 29, 2003, "IP Issues Surrounding Distance Learning" at the Association of Maryland Independent Schools Meeting
Joshua J. Kaufman
February 28, 2003, "Imitation Is Not Flattery: The Essentials of Copyright Infringement Laws & Licensing Agreements For Rights Holders" at the International Art Expo New York 2003
Joshua J. Kaufman
November 2000, "Beyond Napster: Debating the Future of Copyright on the Internet" to the American University Law Review
Joshua J. Kaufman
September 2000, "E-Commerce and Protecting Your IP Assets" at Legal Tech
Joshua J. Kaufman