Eric Schwartz
Adjunct Professor
WCL Adjunct Faculty
Bio
Eric Schwartz has over 35 years of experience as a copyright attorney counseling on U.S. and foreign copyright law matters - including rights, ownership, licensing, exceptions, and enforcement issues – for emerging technological uses (e.g., social media and artificial intelligence), as well as “traditional media” in film and television, recorded sound, music publishing, book publishing, videogames, and business software. Eric has served as production counsel for numerous feature and documentary films and television programs (as well as provided fair use guidance). For several decades, he has counseled on copyright termination issues regarding the recapture and re- negotiation of rights in high-profile cases and privately in catalog sales, involving musical compositions, recordings, films, and works of the visual arts. Eric has served as an expert witness in numerous federal copyright cases, and as an appellate and trial litigation strategist, as well as assisting on Copyright Office registration and recordation practices. He is an expert on film and recorded music archival legal and preservation issues. His pro bono preservation work was featured in a 2011 Washington Post profile at https://www.washingtonpost.com/lifestyle/style/eric-j-schwartzs-love-of-film-fueled-his-push-for-preservation-of-old-movies/2011/08/11/gIQAa7aoBJ_story.html Other Career Experience ■ Acting General Counsel, United States Copyright Office (1994) ■ Senior Legal and Policy Advisor, Register of Copyrights (1988–1994) Representative Matters ■ Expert witness in a Central District of California case (Wallster Inc. v. Redbubble Inc.) on issues pertaining to Copyright Office registrations and Office practices. ■ Serve as U.S. copyright counsel to Pink Floyd, Ltd. and Pink Floyd 1987, assisting on U.S. Copyright Office practices and filings, and other more complex U.S. copyright law matters. ■ Serve as outside copyright counsel to several major museums, as well as to individual visual artists and photographers on a variety of old law (1909 Act) and current copyright law issues including Visual Artists Rights Act (VARA) matters. ■ Expert witness retained by Broadcast Music Inc. (BMI) to opine on U.S. copyright issues and to comparative copyright law issues pertaining to performing rights organizations (PROs) in Canada and the United Kingdom, in a BMI “rate court” case against the North American Concert Promoters Association (NACPA) in the U.S. District Court for the South District of New York. The focus of the case was to set the rates that concert venues must pay BMI songwriters and music publishers for live music performances in the United States. In a March 2023 decision, the court awarded BMI a substantial rate increase, both retroactively and prospectively, after a decades-long dispute. ■ Chief negotiator and litigation counsel with MSK’s lead litigators Paul Montclare and Matt Williams, in a case involving the termination of copyright rights, and ultimately, the re-negotiation of rights for the Phillie Phanatic, the most celebrated mascot in sports. MSK represented Bonnie Richardson and Wayde Harrison, the original creators of the Phanatic. In 2018, on behalf of MSK’s clients, Eric served a termination notice on the Philadelphia Phillies baseball team, who had licensed rights in the Phanatic from Harrison/ Erickson (in 1978); that commenced negotiations with the Phillies for a new license. In 2019, the Phillies sued MSK’s clients in the U.S. District Court for the South District of New York. In November 2021, that litigation settled in a confidential financial agreement and the re-licensing the rights to the Phillies by Harrison/Erickson. ■ Production counsel for “Iconic America: Our Symbols and Stories” a 2023 PBS nationwide broadcast eight-part series produced and narrated by David Rubenstein. Provided production counsel on copyright licensing and rights issues, including fair use analysis. ■ Chief production counsel for the multi-million dollar PBS series “Soundbreaking” – an eight hour documentary about the history of recorded music (the “legacy project” of legendary producer Sir George Martin). The series aired nationwide in November 2016, and has also been broadcast in many territories abroad (U.K. etc.). In addition to serving as counsel, Eric received a producer credit (“Producer for Higher Ground”) for assistance with the production, including working with the writers and directors shaping the content of the series. As counsel/producer, Eric negotiated and drafted talent agreements with over 200 recording industry luminaries such as Sir Paul McCartney, Ringo Starr, Joni Mitchell, Bonnie Raitt, Tom Petty, Elton John, Smokey Robinson, among many others. Eric also, along with other MSK counsel, negotiated the archival agreements (over 150 in the series) for all moving images and photographic materials as well as music used in the series. Eric also worked with Jim Guerra and other MSK counsel on the production, financing and distribution agreements for the series. ■ Spent over two decades representing major studio and independent film companies in foreign markets, in Europe, Asia, Latin America and MENA etc. ■ Worked on archival (back catalog) film and music issues, including preservation of materials, for over three decades. ■ Previous counsel (for over two decades) to International Intellectual Property Alliance (IIPA) – an alliance of the music, film, book publishing, and entertainment software industries – on copyright licensing, market access and enforcement issues in territories throughout the world, including India, Mexico, Europe and Russia, as well as other major markets. ■ Assisted NBC Universal with 2016 Summer Olympics copyright matters relating to broadcast rights (including Copyright Office registrations); provided similar counseling for prior Olympics: the 2014 Winter Games, the 2012 Summer Olympics, the 2010 Winter Games, and the 2008 Summer Games. ■ Counsel Philip K. Dick Testamentary Trust on all copyright and transactional matters relating to Philip K. Dick literary properties ("Adjustment Team," "Minority Report" etc). ■ Counsel to The Mayfield Family Trust on copyright and transactional matters relating to the Curtis Mayfield song catalog. ■ Assisted with numerous briefs in Supreme Court's Golan v. Holder case on the constitutionality of copyright restoration provisions. ■ Represent photographers and photographic licensing agencies on Copyright Office registration matters. ■ Production counsel for numerous long-form documentaries including: Martin Scorsese's "A Letter to Elia," the PBS broadcast six-hour series "Circus" and the PBS four-hour primetime series "Half the Sky" (both produced by Show of Force), and numerous public television-broadcast and theatrical releases. ■ Represented Universal Music Group in negotiations with the Library of Congress for UMG's donation of over 200,000 historic master recordings from 1928-1948 to the Library - the largest single donation of recordings ever received by the Library, preparing and negotiating the donor agreement, and working on all preservation and access issues. ■ Co-lead counsel providing strategic guidance and copyright due diligence for the purchase of the complete catalog of a major (top 3) music publisher. ■ Expert witness on U.S. and Canadian law in copyright arbitration dispute involving software licenses that resulted in over $100 million reward to client. ■ Provided full chain of title analysis for underlying story and screenplay adapted into a major motion picture released worldwide. ■ Provided copyright counseling for one of the first major record label agreements with the Apple iTunes Music store (for streaming, and computer and iPod downloads). ■ At the U.S. Copyright Office (1988-1994): served as a principal participant crafting copyright law amendments including: the Berne Convention Implementation Act of 1988, the Visual Artists Rights Act of 1990, Copyright Renewal Act of 1992, and National Film Preservation Act of 1992 (and later, in 1996, 2005 and 2009 reauthorizations). Also, served as principal (U.S. government) negotiator of the copyright provisions in: several bilateral agreements with Russia and over a dozen Central and Eastern European countries; the U.S., Canada and Mexico Free Trade Agreement (and NAFTA); and multilateral talks leading up to Berne accession, the World Trade Organization TRIPs
