ATTORNEYS
Eric J. Schwartz

Legal Expertise

More than 20 years of experience providing domestic and international copyright law and policy counseling; advising as expert witness, preparation of appellate briefs and providing general litigation strategy; counseling on Copyright Office practices; testifying before Congress and relevant federal agencies; counseling on new technological rights and management matters; advising on all manner of IP commercial transactions.

 

Representative Matters

  • Handled numerous rights clearance issues associated with new and archived materials, interviews and compositions, and related service agreements, on behalf of Wildheart Entertainment Group in the development, production and distribution of "On Record: The Soundtrack of Our Lives," a landmark multi-media project tracing the history of recorded music and its impact on popular culture.
  • Currently represents Universal Music Group in the preservation and storage of their entire master collection, which includes recordings from the 1920’s to the present.
  • Served as a principal participant crafting successfully enacted 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 Acts of 1992 and 1996 (and 2005 reauthorization).
  • Served as co-lead counsel providing strategic guidance and copyright due diligence for the purchase of the complete catalog of a major (top 3) music publisher.
  • Served as 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 in 2006.
  • 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).
  • Served as principal (U.S. government) negotiator of the copyright provisions in several bilateral agreements with Central and Eastern European countries and Russia, and the U.S., Canada and Mexico Free Trade Agreement; represented the U.S. government in IPR trade talks with China and Korea.
Eric J. Schwartz

Partner - Washington, DC


Email Eric J. Schwartz


Phone:

  (202) 355-7903

Fax:

  (202) 355-7893
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Practice Area

Industry Focus

Major recording industry, motion picture and television, and independent production companies; software, book, and music publishing companies; and individual creative artists

Education Collapse

  • American University, Washington College of Law, J.D., 1984
  • Johns Hopkins University, B.A., 1979

Court Admissions Collapse

  • District of Columbia
  • New York
  • USDC, Southern District of New York
  • U.S. Court of Appeals, First Circuit
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. Supreme Court

Professional Recognition Expand

  • Named as one of the “Best Lawyers in America, Intellectual Property Law,” Best Lawyers, (2010, 2011)

Publications and Presentations Expand

  • A Snapshot of U.S. Copyright Law
  • The Copyright Office's New Expedited Copyright Procedures
    • Speaker, "Patent, Trademark and Copyright Law: How Properly Using Intellectual Property Law Protects Your Investment," Montana Economic Development Summit, September 2010
    • Speaker, "The National Recording Preservation Board, the National Film Preservation Board, and Their Work," Celebrating 50 Years of Wisconsin Center for Film & Theater Research, July 2010
    • Speaker, " Anti-Counterfeiting Trade Agreement (ATFA), the proposed multilateral trade agreement for establishing international standards on intellectual property rights enforcement among participating countries," Future of Music Coalition DC Policy Day, May 2010
    • Adjunct Professor of Copyright Law, Georgetown University Law Center (1998-present)
    • Author, Chapter on U.S. Copyright Law, “Geller & Nimmer: International Copyright Law and Practice” (1999-present)
    • 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
    • Speaker, Columbia Law School's Kernochan Center for Law, Media and the Arts' day-long symposium on legal issues that can arise in digitizing archives and making them available over the internet
    • Taught a two-day course on Copyright Law to the Jeffrey L. Selznick School of Film Preservation at the George Eastman House Museum and Archive
    • A Snapshot of U.S. Copyright Law
    • The Copyright Office's New Expedited Copyright Procedures

    Professional, Business, and Civic Affiliations Expand

    • Counsel, International Intellectual Property Alliance (IIPA) (1997-present)
    • Founding Director and Board Member, 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) 
    • Treasurer, Executive Committee Member (2007-present), Co-Chair of the DC Chapter (2007-Present) and Trustee (1997-1999), Copyright Society of the USA
    • DC Bar Association
    • American Bar Association, Copyright Reform Task Force
    • Association of Moving Image Archivists (AMIA)
    • The Recording Academy - DC Chapter

    Other Career Experience Expand

    • 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)