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Helene M. Freeman

Updated: June 3rd, 2021 | New York City | Lawyer List H | Phillips Nizer LLP | Appellate Practice, Intellectual Property, Litigation, Trademark,

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Address: 485 Lexington Avenue, 14th Floor, new-york, NY, 10017
Law Firm: Phillips Nizer LLP
Phone: (212) 841-0547
Fax: 212-262-5152
Email:
Website: http://www.phillipsnizer.com

TitlePartner
First Year of Call
Areas of PracticeLitigation, Appellate Practice, Trademark, Intellectual Property
DescriptionHelene M. Freeman is a partner in the Litigation Department at Phillips Nizer LLP. Ms. Freeman’s practice is focused on all facets of entertainment, publishing, the arts and fashion. She has counseled multinational record distributors, leading musical performing groups, film and television producers and distributors, international music publishing companies, theatrical producers, authors and advertising agencies.As a litigator with more than 30 years’ experience, Ms. Freeman has been trial and appellate counsel in precedent setting cases under both copyright and trademark law throughout the United States. She provides assistance in securing registration of copyrights and trademarks in the United States and developing plans for the worldwide exploitation and protection of creative property. She also regularly advises on international transactions involving the acquisition of rights in entertainment and media properties.Pro BonoCommunity for Education Foundation, Inc. (Member, Board of Directors [emeritus]; Chair, Governance Committee)Peer Review RatingAV Preeminent Rated by Martindale-HubbellClerkshipU.S. District Court, Southern District of New York, Honorable Robert J. WardSpeaking EngagementsPractising Law Institute (PLI), Advanced Copyright Law 2020: Current Issues, (CLE Program/Webcast, March 12, 2020) Practising Law Institute (PLI), Copyright Licensing – Understanding the Intellectual Property License 2019 (CLE Program/Webcast, November 4, 2019) New York State Bar Association (NYSBA), Entertainment, Arts & Sports Law Section (EASL) Annual Music Business and Law Conference, Panel: Litigation Update (CLE, November 16, 2018) Practising Law Institute (PLI), Copyright Licensing – Understanding the Intellectual Property License 2018 (CLE Program/Webcast, November 5, 2018) American Bar Association (ABA), Forum Committee on the Entertainment and Sports Industries 40th Anniversary Annual Meeting (October 4 – 6, 2018) American Bar Association (ABA), Entertainment Law Symposium (April 5 – 6, 2018), Panel: Entertainment Litigation Update (April 6, 2018) Tennessee Intellectual Property Association (TIPLA) (CLE Program, May 4, 2018) Defense Research Institute (DRI) 2017 Intellectual Property Litigation Section Seminar (May 11, 2017) American Bar Association (ABA) International Legal Symposium, Panel: Entertainment Litigation Update (March 30 – 31, 2017) 28th Annual North American Law Summit for Entertainment, Sports and Intellectual Property, sponsored in part by the New York State Bar Association. Panel: Winning Strategies & Ethical Boundaries for Persuading Judges and Juries in Entertainment Cases (November 9 – 13, 2016) American Bar Association (ABA) Forum on the Entertainment & Sports Industries 2016 Annual Meeting in Las Vegas, Nevada (October 6 – 8, 2016), Plenary Session: Litigation Roundup (October 8, 2016) American Apparel & Footwear Association (AAFA) webinar, Copyrights, Ransom and (Bet the Company) Lawsuits: Avoiding the Troll Under The Next Bridge. A webinar highlighting the seriousness of copyright infringement and the now lucrative business of infringement actions by copyright owners against vendors. (September 4, 2014) Speech, Copyright Society, New England Chapter, Slip Sliding Away: Termination Rights Under the Copyright Act (April 2010) Association of the Bar of the City of New York, Faculty, Get Wired: Practicing Arts, Entertainment, Media and Sports Law in the Digital Age (October 2000) Practising Law Institute (PLI), Faculty, Litigating Copyright, Trademark & Unfair Competition Cases for the Experienced Practitioner (November 1996) American Bar Association, Torts & Insurance Practice Section, Demonstration – Jury Selection & Opening Statement (April 1991) American Bar Association, Torts & Insurance Practice Section, Speech, What is a Defamatory Statement (May 1987)Articles Copyright Licensing – Understanding the Intellectual Property License 2018 (Practising Law Institute (PLI), November 5, 2018) Duran Duran Case Shouldn’t Affect Paul McCartney’s Termination Rights (Law360, January 30, 2017) The Federal Trademark Dilution Act of 1995 in Litigating Copyright, Trademark & Unfair Competition Cases for the Experienced Practitioner (Practising Law Institute (PLI), 1996) Proceedings of the New York University 39th Annual Conference on Labor, Employee Discharge: Defamation Through the Form of Termination (Matthew Bender, 1986) Testimony of the American Civil Liberties Union, Customs Service Mail Openings, in Hearings Before a Subcommittee of the House Committee on Government Operations, 95th Cong., 1st Sess. 119-39, 1977Fashion Law BlogThe Fashion Industry Law Blog, includes posts published by the members of the Fashion Law Practice of Phillips Nizer LLP and attorneys in other related practice areas.RECOGNITIONBillboard Magazine Top Music Lawyers (2020) Law360’s Weekly Verdict: Legal Lion (March 13, 2020) Crain’s New York Business, Notable Women in Law (Book of Lists 2019) The Times of London, Lawyer of the Week (July 7, 2016)American Lawyer Media (ALM) and Martindale-Hubbell, Top Rated Lawyer (Commercial Litigation) The Best Lawyers in America (Copyright Law), (2017 – 2019, 2021), Intellectual Property Law (2020)Super Lawyers – New York Metro Edition (Entertainment & Sports), (2007 – 2009, 2011 – 2014, 2017 – 2020)Super Lawyers – Top Women Lawyers annual list of female attorneysSuper Lawyers – Corporate Counsel Edition in Entertainment (2009)Marvin M. Karpatkin fellow in Civil Liberties, American Civil Liberties UnionNews & Publications Ilene Jaroslaw and Monica P. McCabe selected as 2021 Notable Women in Law honorees by Crain’s New York Business 12/23/2020 U.S. News-Best Lawyers (2021) 11/05/2020U.S. News – BestLawyers recognized Phillips Nizer LLP as one of the nation’s Best Law Firms for 2021. The annual rankings are presented in three tiers. A total of eleven areas of the firm’s practice were recognized nationally and in the New York City metropolitan area. The rankings were announced on November 5, 2020. Seventeen Phillips Nizer Attorneys are named to New York Metro Super Lawyers and Rising Stars 10/28/2020We are proud to congratulate our selected attorneys. Phillips Nizer Attorneys Recognized in the 2021 Edition of the Best Lawyers in America 09/16/2020Best Lawyers recognized Alan Behr, Jan L. Bernstein, Helene M. Freeman, Michael W. Galligan, Marc A. Landis, Donald P. Perry, Jeffrey Q. Smith, Evan J. Spelfogel, Martin B. Wasser and Elliot J. Wiener. Intellectual Property Partner Helene Freeman is named a 2020 Top Music Lawyer by Billboard Magazine 07/28/2020 Helene Freeman named as Law360’s Legal Lion – March 13, 2020 03/13/2020The full Ninth Circuit sided with Led Zeppelin on Monday and rejected a high-profile copyright lawsuit accusing the band of stealing the intro to Stairway to Heaven from a little-known song, landing the group’s attorneys at Davis Wright Tremaine LLP and Phillips Nizer LLP on this week’s legal lions list. Led Zeppelin and its affiliated music companies are represented by Peter J. Anderson of Davis Wright Tremaine LLP and Helene Freeman of Phillips Nizer LLP. iPhillipsNizer: Where intellectual property and business law intersect with industry (Fall 2019) A publication of the Intellectual Property Practice 11/19/2019 iPhillipsNizer: Where intellectual property and business law intersect with industry (Spring 2019) A publication of the Intellectual Property Practice 05/31/2019 Media – Litigator Helene Freeman, Partner in our Intellectual Property and Entertainment Law Practices, quoted by Bloomberg Law in article about a lawsuit filed by muralists and the use of their street art without permission in ads by Mercedes Benz 04/23/2019 Bloomberg LawThere have been many cases by graffiti artists, and they’ve generally prevailed…I don’t think fair use is a claim that can be articulated here. Mercedes used the art for what it was. Fashion Blog – #Influencers? Helene Freeman (author) 02/13/2019 The Fashion Industry Law Blog Accolade – Lisa Radetsky and Helene Freeman selected as 2019 Notable Women in Law honorees by Crain’s New York Business 01/03/2019 Speaking Engagement – Helene Freeman, partner in the Entertainment and Intellectual Property Law Practices speaks at the New York State Bar Association (NYSBA) Entertainment, Arts & Sports Law Section 2018 Music Business and Law Conference. 11/16/2018Helene will addresses the Copyright Act of 1909 that was involved in the Stairway To Heaven and Blurred Lines cases at this NYSBA CLE program on Friday, November 16, 2018. The program will be held at New York Law School, 185 West Broadway, New York, NY 10013. Register at: www.nysba.org/EASLMusicConference18 Speaking Engagement/CLE Program – Helene Freeman, Litigation partner and member of the Intellectual Property and Entertainment Practices addresses Copyright Licensing on Mon., November 5, 2018 at the 2-day Practising Law Institute (PLI) program, Understanding the Intellectual Property License 2018 . 11/05/2018 Practising Law InstituteLicensing Intellectual Property can offer a practical and efficient strategy for companies looking to expand into a new market, enhance an existing product line, reduce costs or accomplish other business goals. The IP under consideration for license could be a patent, copyright, or trademark, software or any combination of these properties.As this approach becomes increasingly common across industries, counsel who are new to licensingIP must understand the complex range of issues that may arise when licensing a mix of intellectualproperty types. This program is designed for intellectual property specialists, corporate counsel and general practitioners who are interested in learning how to license and protect various forms of intellectual property.DETAILS AND REGISTRATION HERE Media – Entertainment and Intellectual Property Law partner Helene Freeman quoted by Radio+Television Business Report regarding the Music Modernization Act signed into law today. 10/11/2018 Radio+Television Business Report Super Lawyers (2018) 09/13/2018Seventeen Phillips Nizer attorneys were announced on September 13, 2018 as selected for inclusion on the 2018 New York Metro Super Lawyers and Rising Stars lists. Attorneys represented a cross-section of several practice areas and industry teams. Fashion Blog – How to Lose a Trademark Helene Freeman (author) 08/21/2018 The Fashion Industry Law Blog U.S. News – BestLawyers (2019) 08/15/2018Best Lawyers recognized Alan Behr, Helene M. Freeman, Michael W. Galligan, Donald P. Perry, Evan J. Spelfogel, Martin B. Wasser and Elliot J. Wiener. Article – Golden Oldies: The Music Modernization Act (Intellectual Property Magazine, July-August 2018) 08/01/2018 Speaking Engagement – Tennessee Intellectual Property Association (TIPLA) Spring CLE Seminar featuring Helene M. Freeman 05/04/2018Intellectual Property and Entertainment Law partner Helene Freeman addresses copyright issues in the music business at TIPLA’s Spring Seminar in Nashville, Tennessee. Speaking Engagement – Litigation partner, Helene Freeman, joins veteran entertainment lawyers to discuss recent developments in the law affecting practitioners in the field and to share their favorite trial tips at the 9th Annual American Bar Association Entertainment Law Symposium (April 5 – 6, 2018) in Miami, Florida. 04/06/2018The panel presentation, Entertainment Litigation Update will be held on Friday, April 6th from 10:45 a.m. – 12:15 p.m. For full details and to register for the ABA Symposium, see here . U.S. News – BestLawyers (2018) 11/01/2017U.S. News-Best Lawyers announced on November 1, 2017, Phillips Nizer’s recognition as one of the nation’s Best Law Firms for 2018. The listing is presented in ranking tiers from 1 – 3. We ranked highly, Tier 1, nationally in Copyright Law, Trademark Law and Trusts & Estates Law. We were also ranked in the New York City Metropolitan listings. Super Lawyers (2017) 09/20/2017It was announced on September 20, 2017, that sixteen Phillips Nizer attorneys were selected for inclusion on the 2017 Super Lawyers list. Alternative Dispute Resolution, Banking, Business Litigation, Entertainment, Intellectual Property, and Trusts & Estates practices were represented. Speaking Engagement – Intellectual Property and Entertainment Law partner Helene Freeman will be a featured presenter at the 2017 Copyright Society of the U.S.A. Annual Meeting (June 4 – 6) in Philadelphia, Pennsylvania.06/04/2017 Helene ‘s panel on Monday, June 5th is entitled, Sound + Vision: Challenges in Evaluating Substantial Similarity of Musical Works. More info here. Speaking Engagement – Entertainment and Intellectual Property litigator, Helene Freeman, will be a featured speaker at the Defense Research Institute’s 2017 Intellectual Property Litigation Section 2-day seminar in Chicago, Illinois. 05/11/2017 Helene will highlight the reasons for the differences in outcomes between the Blurred Lines and Led Zeppelin copyright infringement cases. Helene successfully defended Led Zeppelin in June 2016. Media – Legendary recording artist Sir Paul McCartney filed a federal lawsuit in U.S. District Court in Manhattan against music publisher Sony/ATV over ownership of some of the Beatles’ most famous songs. 01/20/2017Partners Helene Freeman and Alan Behr members of our Intellectual Property Law practice, were quoted in articles published by Forbes magazine and Digital Music News. Forbes included quotes by Helene, and Digital Music News published quotes by both Helene and Alan. Paul McCartney Sues To Win A Battle Duran Duran Lost (Forbes) 56 Years Later, Paul McCartney Wants His Beatles Songs Back… (Digital Music News) Related Article: Duran Duran Case Shouldn’t Affect Paul McCartney Contracts by Helene Freeman (Law360, January 30, 2017) Duran Duran Case Shouldn’t Affect Paul McCartney Contracts (Law360) 01/02/2017Media – The successful representation on behalf of our client, the legendary British rock band Led Zeppelin (Skidmore v. Led Zeppelin), in one of the most high-profile copyright cases in recent years, lands on Law360’s list of the Top 10 Copyright Rulings Of 2016 published on December 21, 2016. 12/21/2016The case is number 5 on the list. We were extremely pleased – and so was the band – with our victory this year thanks to our litigation and entertainment law partner Helene Freeman . Through our entertainment law partner, George Fearon, we have proudly represented Led Zeppelin for over 40 years. View the Top 10 .Speaking Engagement – Litigator, Helene Freeman, partner in our Entertainment Law and Intellectual Property Practices joins the 28th Annual North American Law Summit for Entertainment, Sports and Intellectual Property as a panelist. 11/11/2016The panel, Winning Strategies & Ethical Boundaries for Persuading Judges and Juries in Entertainment Cases, will be held on Friday, November 11, 2016. The Summit convenes in Riviera Maya, Mexico, November 9 – 13th. U.S. News – Best Lawyers (2017) 11/01/2016U.S. News-Best Lawyers announced Phillips Nizer was recognized as one of the Best Law Firms in the nation for 2017 ranking highly nationally in Trusts & Estates Law. The firm was also ranked in the New York City Metropolitan area in Trusts & Estates Law, Copyright Law, Family Law, Intellectual Property Litigation and Trademark Law. Speaking Engagement – Entertainment and Litigation partner, Helene Freeman, joins fellow entertainment law industry veterans on the Plenary Session: Litigation Roundup panel at the American Bar Association Forum on the Entertainment & Sports Industries 2016 Annual Meeting in Las Vegas, Nevada (October 6 – 8, 2016). 10/08/2016The panel discussion will be held from 9:00 a.m. – 10:30 a.m. on Saturday, October 8th. Media – The New York Law Journal quotes Entertainment Law partner, Helene M. Freeman, on the recent decision of Manhattan Commercial Division Justice Shirley Werner Kornreich’s to deny recording artist Kesha’s bid to nullify her contract with record producer Dr. Luke, who she claims assaulted her. The consensus among entertainment lawyers is the Court made the right decision. 03/15/2016In the article, Attorneys Say Judge Made Right Call in Rebuffing Kesha, Helene comments, It’s not unheard of for artists to claim they cannot work with a particular producer who has an exclusive contract to record them…But that is not grounds for the artist being excused from the financial obligations. Kesha could refuse to record with Dr. Luke; she cannot then refuse to furnish those recordings to Sony, and Sony cannot refuse to pay Dr. Luke royalties generated by Kesha’s albums that she agreed to make for them. Article in Full (Subscription Required) Super Lawyers (2014) 10/01/2014In an announcement on September 23, 2014, twenty-six Phillips Nizer attorneys were recognized on the Metro New York 2014 Super Lawyers and Rising Stars lists. Twenty-two partners, senior counsel and counsel were selected as Super Lawyers. Four counsel and associates were selected as Rising Stars. The 2014 selections crossed all major practice groups. The annual Super Lawyers lists are a result of confidential peer review and independent research. Super Lawyers (2013) 10/01/2013Nineteen Phillips Nizer attorneys were selected by Super Lawyers and recognized in the 2013 New York Super Lawyers – Metro Edition publication. As was the case in 2012, attorneys selected represented several practice areas. The Firm achieved a significant increase in the number of honorees, including one recognized as a Rising Star . Each year, attorneys are nominated across various legal practices and vetted through a process of confidential peer review. Independent research by the publisher is an important component before one can be selected as a Super Lawyer . DOMA Decision Impacts Statutory Succession Rights to Literary and Artistic Works 07/01/2013 Super Lawyers (2012) 09/21/2012Phillips Nizer was honored with the selection of twelve of its attorneys for the 2012 New York Super Lawyers – Metro edition. The attorneys were recognized across seven practice areas – Alternative Dispute Resolution, Entertainment Law, Environmental Law, Estate Planning & Probate Law, Family Law, General Litigation, and Real Estate Law. Super Lawyers (2011) 09/26/2011Thirteen Phillips Nizer attorneys represented across seven distinct areas were recognized as 2011 Super Lawyers . Super Lawyers, a publication of Thomson Reuters, reviews nominations of attorneys across various legal practice areas. Those ultimately selected as Super Lawyers were vetted through a process involving peer review and independent research by the publisher. Intellectual Property Alert – Digital Millennium Copyright Act Prohibits Removal or Alteration of Name of Author or Copyright Owner of Photographic Images 07/01/2011This Alert highlights a recent Third Circuit decision holding that the removal of a photographer’s name from a photograph violated the Digital Millennium Copyright Act ( DMCA ). As interpreted by the court, the photographer’s name on a physical copy of the photograph was protected copyright management information and its removal was a statutory violation even though the name was not part of an automated or electronic copyright management protection system. This decision is particularly important since many unsuspecting business owners and executives, company employees (such as in-house designers) or third-party contractors who may use photographic images readily available in print and on the Web for promotional purposes, may be violating the DMCA and the copyright law. These violations can be costly as both statutes provide for damages even if there is no actual injury or profit.
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