Art reflects and nourishes the soul of civilization and since the beginning of mankind has been expressed through varied channels. Movies developed as one of those outlets and became a documentation of all aspects of society from the beginning of the 20th century. For the first hundred years, films were shot exclusively on what is essentially plastic, a fragile medium. To survive, it must be properly preserved and stored, a lesson learned, unfortunately, after more than half of this history was lost.
Long time movie director, Martin Scorsese, explains that “film is history. With every foot of film that is lost, we lose a link to our culture, to the world around us, to each other, and to ourselves.” Mr. Scorsese serves on the Board of Directors of the National Film Preservation Foundation (NFPF), an organization dedicated to the preservation of this important art form through funding grants to archives and educational institutions. It also happens to be an organization that Eric Schwartz helped found in 1997 and is an active board member of today. After several years of analysis and study about rapidly deteriorating films, Congress acted to help fund the effort of NFPF with monies provided through the Library of Congress, and the ongoing work of the foundation has saved thousands of films in all 50 states.
Film preservation has been a passion of Eric’s for over 25 years, and he had a hand in helping with the formation of the National Film Preservation Board by the Library of Congress in 1988, a board of experts charged with initially studying and helping to address the problem of disappearing films. His work as pro bono counsel in proposing and guiding the 1993 study and the subsequent creation of NFPF has been among his greatest achievements. Tying nicely to his daily practice as a lawyer in the realm of copyright law, film archiving, and back cataloging, Eric enjoys sharing the story of two of the latest preservation successes of the NFPF’s, both unseen by the public until their restoration: a “lost” 1938 movie directed by and starring Orson Welles and Alfred Hitchcock’s first film long thought lost since 1924. Only recently, the last 10 years, has Eric also turned his attention to sound recording preservation efforts (also pro bono).
Over 25 years of experience as a copyright attorney providing counseling on U.S. and foreign copyright laws - including rights, exceptions (fair use), ownership and enforcement issues - relating to new technological uses, social media, as well as “traditional media” in film, music, music publishing, book publishing, entertainment and business software; production and transactional attorney for musical recordings and (feature and documentary) films; expert on databases, software and all other manner of IP regarding rights, uses and transactions; expert witness; appellate and trial litigation strategist; counsel on Copyright Office practices. Expert on film and recorded music archival legal (i.e., “back catalog”) and preservation issues. Adjunct professor of copyright law and international copyright law, Georgetown University Law Center.
- Chief production counsel for the 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, 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, negotiated and drafted talent agreements with over 200 recording industry luminaries such as Paul McCartney, Ringo Starr, Joni Mitchell, Bonnie Raitt, Tom Petty, Elton John, Smokey Robinson, among many others, and, with other MSK counsel negotiating the archival agreements (over 150 in the series) for all moving image and photographic material used in the series, and for all of the music in the series. Worked with Jim Guerra and other MSK counsel on the production, financing and distribution agreements for the series.
- Counsel numerous clients on U.S. copyright law "termination" issues - under old (1909 Act) and new (1976 Act) law - for a variety of works: music (and music publishing), film and literary properties.
- Counsel (since 1997) 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 Agreement, and in bilateral trade talks with China, Taiwan and Korea.
Honors & Awards
- Top Rated Intellectual Property Attorney in Washington, DC, Super Lawyers (2016-2017)
- "Leading Media & Entertainment Lawyers in Washington, D.C.," Chambers USA (2013-2016)
- Recognized by Best Lawyers in America© in the fields of:
- Copyright Law (2011-2017)
- Litigation - Intellectual Property (2011-2017)
Professional, Business and civic Affiliations
- President (2014-2016), Vice-President/President-Elect (2012-2014) and Executive Committee Member (2007-present), Copyright Society of the USA; Formerly Co-Chair of the DC Chapter (2007-2010) and Trustee (1997-1999)
- Vice Chair, Committee on International Copyright Treaties & Laws of the ABA Section on Intellectual Property Law
- Founding Director and Vice Chair, National Film Preservation Foundation (1996-present)
- Pro Bono Counsel, Library of Congress’ National Film Preservation Board (1988-present)
- Library of Congress' National Recording Preservation Board (2003-present)
- DC Bar Association
- American Bar Association, Copyright Reform Task Force
- Association of Moving Image Archivists (AMIA)
- The Recording Academy - DC Chapter
Other Career Experience
- Acting General Counsel, United States Copyright Office (1994)
- Senior Legal and Policy Advisor, Register of Copyrights (1988–1994)
- Staff Assistant and Assistant Counsel to the Committee on Rules of the U.S. House of Representatives for Hon. Joe Moakley (1979–1988)
- November 21, 2016
- November 18, 2016
- August 24, 2016
- August 22, 2016
- May 31, 2016
- April 2016
- November 2015
- August 2015
- May 2015
- The Best Lawyers in America© 2015 Recognizes 21 Attorneys from Mitchell Silberberg & Knupp and Names 2 Attorneys “Lawyer of the Year”August 2014
- May 2014
- August 15, 2013
- July 2013
- May 2013
- August 24, 2012
- May 23, 2012
- Steve Metalitz and Eric Schwartz Prepare Special "301 Report" for International Intellectual Property Alliance (IIPA)February 14, 2012
- Eric Schwartz Affirms Legislative Intent of Berne Convention Upheld by U.S. Supreme Court's Golan RulingJanuary 19, 2012
- August 31, 2011
- August 13, 2011
- August 2011
- August 19, 2010
- March 12, 2010
- December 10, 2009
- October 21, 2009
- August 3, 2009
- The Copyright Office's New Expedited Copyright ProceduresIntellectual Property & Technology Newsletter , September 2008
- August 22, 2016
- Eric Schwartz Works on Library of Congress Sound Recording and Film Preservation Programs Reauthorization Act of 2016July 15, 2016
- June 2014
- September 27, 2012
- June 25, 2012
- June 16, 2010
- July 5, 2006
- November 9, 2016
- The Copyright Office's New Expedited Copyright ProceduresSeptember 2008
Events & Speaking Engagements
- October 23, 2016
- Music LicensingOctober 18, 2016
- The Impact of International Copyright Treaties and Trade Agreements on the Development of Domestic NormsOctober 14, 2016
- October 7, 2016
- Basics of Copyright Law for Film ArchivesApril 28, 2016
- Business of Intellectual Property Rights and ProtectionApril 21, 2016
- April 18, 2016
- March 25, 2016
- September 16, 2015
- April 2, 2014
- March 19, 2014
- May 9, 2013
- April 3, 2013
- March 12, 2013
- February 16, 2013
- February 8, 2013
- January 2013
- November 2, 2012
- October 18, 2012
- April 30, 2012
- April 12, 2012
- April 2012
- April 2012
- March 29, 2012
- March 2012
- Supreme Court's Golan v. Holder: Upholding the Constitutionality of the Restoration of Certain Foreign Works in the U.S.February 2012
- October 14, 2011
- September 15, 2011
- April 14, 2011
- April 6, 2011
- April 2011
- March 15, 2011
- March 10, 2011
- December 13, 2010
- Patent, Trademark and Copyright Law: How Properly Utilizing Intellectual Property Law Protects Your InvestmentSeptember 13, 2010
- July 6, 2010
- May 27, 2010
- May 25, 2010
- April 16, 2010
- March 23, 2010
- February 23, 2010
- October 14, 2009
- July 13, 2009
- February 26, 2009
- Frequent lecturer and author; quoted regularly in news stories and provide radio and television commentary on copyright law and policy, as well as on film and recording preservation issues
- District of Columbia
- New York
- U.S. District Court
- Southern District of New York
- U.S. Court of Appeals
- First Circuit
- Second Circuit
- Ninth Circuit
- District of Columbia Circuit
- U.S. Supreme Court
American University, Washington College of Law, J.D., 1984
Johns Hopkins University, B.A., 1979