• Richard   Dannay
  • Practices

    Copyright

    Intellectual Property

    Litigation

  • Education

    Harvard Law School (LLB 1964)

    Harvard College (BA 1961, magna cum laude; Phi Beta Kappa)

  • Bar & Court Admissions

    • New York

    United States Supreme Court

    United States Court of Appeals - Second and Federal Circuits

    United States District Courts - Southern, Eastern, Western, Northern Districts of New York

  • Richard Dannay

    Counsel

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    • 1133 Avenue of the Americas, NY 10036-6799 Ph: 212.790.9256Fax: 212.575.0671
    Richard is a litigator and practitioner in the areas of copyright, publishing and trademark law, as well as libel, privacy, publicity and related matters.

    Cases

    • Penguin Group (USA) Inc. v. American Buddha, 16 N.Y. 3d 295 (March 24, 2011), on certified question from Second Circuit Court of Appeals, 609 F.3d 30 (2d Cir. June 15, 2010) - New York copyright owner alleging infringement by nonresident defendant sustains an in-state injury under New York's long-arm jurisdiction statute, CPLR 302(a)(3)(ii), when owner's printed literary work is uploaded without permission onto the Internet for public access, despite location of infringing action outside NY and absence of evidence of actual downloading (infringement) in NY. See 640 F.3d 497 (2d Cir. May 12, 2011) (vacated and remanded).
    • Penguin Group (USA) Inc. v. Thomas Steinbeck and Blake Smyle, 537 F.3d 193 (2d Cir. 2008), cert. denied, 129 S.Ct. 2383 (2009) - obtained appellate reversal that invalidated the attempt by John Steinbeck's son and granddaughter to terminate Penguin's publishing agreement under Section 304(d) of the Copyright Act, and that upheld Penguin's right to continue publishing The Grapes of Wrath and other Steinbeck works for their full copyright terms
    • Bill Graham Archives v. Dorling Kindersley Limited, 448 F.3d 605 (2d Cir. 2006)  - affirming summary judgment for defendant publisher that 'thumbnail' reproductions of seven concert posters in Grateful Dead biography are transformative fair use
    • Silverstein v. Penguin Putnam Inc., 368 F.3d 77 (2d Cir. 2004)  - vacating permanent injunction against publisher's distribution of Dorothy Parker: Complete Poems, reversing summary judgment, and remanding to district court, holding that plaintiff's creativity, if any, in compilation of Parker's previously-uncollected poems is too slight, under any circumstances, to support copyright injunction against publisher's complete-poems compilation that includes separate section of the uncollected poems.
      After trial, 522 F. Supp. 2d 579 (S.D.N.Y. 2007), complaint dismissed because plaintiff's all-inclusive compilation lacked any protectable creativity
    • Williams v. Crichton, 84 F.3d 581 (2d Cir. 1996)  - successful defense of copyright infringement suit against the book and movie Jurassic Park
    • Girl Scouts of the U.S.A. and Boy Scouts of America v. Bantam Doubleday Dell Publishing Group, Inc., 996 F.2d 1477 (2d Cir. 1993), aff'g 808 F. Supp. 1112 (S.D.N.Y. 1992)  - successful defense of trademark infringement suit, involving First Amendment issues, against Pee Wee Scouts children's book series
    • Arica Institute, Inc. v. Palmer and Harper & Row Publishers, 970 F.2d 1067 (2d Cir. 1992)  - successful defense of copyright infringement suit, principally on ground that Arica's own representations about its teachings estopped it from denying that allegedly infringed material was factual, and thus non-copyrightable
    • Adsani v. Miller, 139 F.3d 67 (2d Cir.), cert. denied, 119 S.Ct. 176 (1998)  - affirmed Fed. R. App. P. 7 order directing copyright infringement plaintiff-appellant to post security bond to cover defendants-appellees' potential appellate attorney's fees under Section 505 of the Copyright Act, as part of estimated 'costs' on appeal
    • Adsani v. Miller, 1996 WL 194326 and 1996 WL 531858 (S.D.N.Y. 1996)  - summary judgment dismissing complaint in copyright infringement suit against author and publishers of books Princess and Princess Sultana's Daughters, including recovery of attorney's fee award of full amount spent in successful defense of copyright claim
    • Hoch and Marble v. MasterCard International and McCann-Erickson, 284 F. Supp. 2d 1217 (D. Minn. 2003)  - summary judgment dismissing copyright infringement complaint against series of baseball-related 'priceless' television commercials
    • Postlewaite v. McGraw-Hill, Inc., 2004 WL 414832 (S.D.N.Y. 2004), aff'd 411 F.3d 63 (2d Cir. 2005)  - affirming summary judgment for publisher dismissing author's breach of contract complaint, holding that publisher's transfer of software agreement with third party to produce electronic version of author's tax treatise was not transfer of 'right in the work' triggering royalty under publishing agreement

    Prior Experience

    • Schwab Goldberg Price & Dannay (1966 - 97)

    Articles & Speeches

    • Presented 37th Annual Donald C. Brace Memorial Lecture (14 Nov. 2007): Copyright Injunctions and Fair Use: Enter eBay -- Four-Factor Fatigue or Four-Factor Freedom? (The Copyright Society of the U.S.A.)  Published at 55 Copyright Society Journal 449 (2008)
    • Author, Factorless Fair Use? Was Melville Nimmer Right?, 60 Copyright Society Journal 127 (2013).  Contribution to issue honoring the 50th anniversary of the Nimmer on Copyright  treatise.
    • Chair-Practising Law Institute
    • Advanced Copyright Law Annual Review (1991 - 2014)
      Copyright and Trademark Law for the Nonspecialist (1994 - 2004)
      Legal and Business Aspects of Book Publishing (1981, 1986, 1988)
    • Lecturer
    • Legal and Business Aspects of Book Publishing (1979, 1984, 1997 - 98) - PLI
      Legal and Business Aspects of Magazine Publishing (1982, 1984, 1989) - PLI
      New York University School of Law  -  Advanced Copyright Seminar (1973 - 77, 1985 - 87, 1989 - 2000)
      Law Journal Seminars-Press  -  'Negotiating Contracts in the Entertainment Industry' (1984 - 98)
    • Articles
    • 'A Guide to the Drafting and Negotiating of Book Publication Contracts' (15 Copyright Society Bulletin 295, 1968)
    • 'Fraud on the Copyright Office: Its Use and Misuse as a Defense in Copyright Infringement Actions,' Co-author (44 N.Y.U.L. Rev. 540, 1969)
    • 'An Overview of Teleprompter v. CBS and Other Recent Developments - Ominous Signals for Copyright Law' (22 Copyright Society Bulletin 10, 1974)

    Honors & Awards

    • New York "Super Lawyers" 2006 - 14: Listed in 'Top 100' Attorneys in NY Metro Area (2006 -12) and in Intellectual Property Litigation
    • Named the Best Lawyers' 2013 New York City Copyright Law "Lawyer of the Year"
    • 'Best Lawyers in America,' Woodward/White (1993 - 2014)
    • 'Best Lawyers in New York,' New York Magazine (March 1995, 2005-2012). New York Best Lawyers Magazine (2013 - 2014).
    • Chambers USA - America's Leading Lawyers for Business (2004-14): New York Media & Entertainment-Litigation and Intellectual Property
    • Listed among Lawdragon 500 Leading Lawyers in America (2010, 2006)
    • Legal 500 US (2013):  Listed among "leading lawyers" in copyright field

    Affiliations

    • The Copyright Society of the U.S.A.  - President (1984 - 86), Honorary Trustee (1986 - ), Officer (1974 - 84)
    • Association of the Bar of the City of New York  - Chair, Committee on Copyright and Literary Property (1992 - 95)
    • American Bar Association, Section of Intellectual Property Law  - Member of Council (1991 - 95), Chair, Copyright Division (1975 - 76, 1987 - 88); Forum on the Entertainment and Sports Industries  - Chair, Literary Publishing Division (1991- 97)
    • Member, The Grolier Club (since1991)