Current Employment Position(s)

Partner

Year Joined Organization: 1995

Lawyer Overview

A partner in the Litigation Department, Lynn B. Bayard has a diverse practice encompassing a broad range of areas with a particular focus on copyright and trademark matters in the media and entertainment industries, representing songwriters and music publishers, major record companies, networks, sports leagues and motion picture studios.

In particular, Ms. Bayard represents songwriters and music publishers in rate-making proceedings to set royalty fees for the reproduction, distribution and performance of musical compositions. She also recently represented a class of songwriters and music publishers in a 130 million settlement with German media company Bertelsmann AG and certain of its U.S. affiliates-the largest copyright settlement to date.

Other recent work includes defending one of the world's leading cruise lines in a purported class action alleging copyright infringement over aspects of its entertainment programming; advising a leading entertainment company on a possible trademark infringement claim against an online video sharing site; advising a major network as to litigation over the infringement of its trademark of a popular television series; a sports league in connection with several trademark claims; and a leading consumer company in several trademark infringement matters and in arbitrations with its franchisees over Internet and intellectual property rights. Ms. Bayard represented entertainment industry amici in support of the Copyright Term Extension Act in Eldred v. Ashcroft.

In addition, she has extensive IP transactional experience including drafting and negotiating license agreements, and regularly represents on a pro bono basis non-profit organizations in connection with publishing and arts-related matters.

Ms. Bayard has authored or co-authored several articles on a range of intellectual property issues, including-

• "Making Available' Cases Still Making Trouble" in the January 7, 2009 edition of IP Law360, which discusses the piracy that has plagued the music industry for the past decade as a result of Internet peer-to-peer file-sharing sites and explores how courts have grappled with the question of whether users' "making available" of copyrighted files on those sites for reproduction by other users constitutes "distribution" under the Copyright Act.
• "Mary J. Blige: No More Retroactive Copyright Licensing Drama," an article on Davis v. Blige, an important Second Circuit decision interpreting the rights of co-authors under the Copyright Act in which plaintiff Sharice Davis brought a copyright infringement action against defendant Mary J. Blige and others over two songs on Blige's album "No More Drama," which appeared in the Winter 2008 issue of Entertainment and Sports Lawyer.
• "A Well-Tailored Remedy," which appeared in the December 2007 issue of IP Law & Business on a bill introduced by Senator Schumer to protect fashion designs under the Copyright Act. Fashion designers, unlike other creators of original works in the US and unlike fashion designers abroad, are currently denied copyright protection in the United States.
• "9th Circuit Finds 'Thumbnail' Photos Display Fair Use" in The National Law Journal on a decision of the U.S. Court of Appeals for the Ninth Circuit, Perfect 10 Inc. v. Amazon.com Inc., which addressed the closely followed question of whether the display of "thumbnail" versions of copyrighted photographs by Google's image search engine constitutes copyright infringement or "fair use" under the Copyright Act.
• "Unsettled Territory" in GC New York, which explores issues relating to republishing collective works in new media.

She also wrote a chapter titled "Settling Copyright and Trademark Disputes" in the leading treatise on the law of settlement agreements and the settlement process, Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement, published in 2008. In addition, she is on the panel of contributors for World Media Law Report, a weekly newsletter covering media developments from over 30 jurisdictions. Ms. Bayard has spoken on topics including copyright infringement litigation as well as the advancement of women attorneys.

Currently, Ms. Bayard is a member of the Association of the Bar of the City of New York's Women in Intellectual Property Committee and the Civil Rights Committee. She served on the Copyright and Literary Property Committee of the City Bar from 2001 until 2006, and also served as an instructor for the Association's copyright infringement litigation course.

Ms. Bayard was a member of the Boston University Law Review and a G. Joseph Tauro Scholar.

Areas of Practice

• Communications & Technology
• Intellectual Property
• Litigation

West Practice Categories

Communications & Media Law, Science & Technology Law, Intellectual Property Law, Litigation & Appeals

Bar Admissions

• New York, 1996
• U.S. Court of Appeals District of Columbia Circuit
• U.S. District Court Southern District of New York

Professional Associations and Memberships

• Association of the Bar of the City of New York’s Women in Intellectual Property Committee and the Civil Rights Committee (Member)
• Copyright and Literary Property Committee of the City Bar, 2001 - 2006 (Member)

Education

• Boston University School of Law, Boston, Massachusetts, 1995
  J.D.
  Honors: G. Joseph Tauro Scholar
  
  Law Review: Boston University Law Review, Member
• University of Pennsylvania, 1990
  B.A.

Published Works

• "'Making Available' Cases Still Making Trouble", IP Law360, January 9, 2009
• District Court Holds That eBay is Not Liable for the Sale of Counterfeit Tiffany Jewelry on its Auction Website, July 17, 2008
• "Mary J. Blige: No More Copyright Licensing Drama", Entertainment and Sports Lawyer, 2008
• "A Well-Tailored Remedy", IP Law & Business, December 3, 2007
• "9th Circuit Finds 'Thumbnail' Photos Display Fair Use", The National Law Journal, October 29, 2007
• Unsettled Territory, March 27, 2006

Address

1285 Avenue of the Americas
New York, NY 10019-6064

Phones

(212) 373-3054

Faxes

(212) 492-0054

Emails

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Websites

http://www.paulweiss.com