JOEL L. HECKER, ESQ
TERMS OF USE
These terms and conditions (“the Terms and Conditions”) apply to the website under the domain name HeckerEsq.com (“the Website”), which is owned and controlled by Joel L. Hecker (“JLH”), and to any electronic correspondence between you, any person visiting, using or browsing the Website (“You”) and the Website.
1. Introduction
1.1 These Terms and Conditions may be revised at any time by updating this posting. You should check the Website from time to time to review the current Terms and Conditions, because they are binding on You. Certain provisions of these Terms and Conditions may be superseded by expressly designated Terms and Conditions or terms located on particular pages at this Website.
2. Intellectual Property Rights
2.1 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website are owned by JLH.
3. Privacy Policy
3.1 Disclosure of Personal Information: JLH does not transmit personal information about You to other parties except as required by law or in connection with any investigation into illegal activity.
3.2 Links to Other Sites: The Website contains links to other sites which may contain information of interest to you. JLH cannot control the privacy policies of those linked sites, and You should review those sites before using them.
4. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States of America, where the issue is a federal question, and the laws of the State of New York where the issue is a state question.
.
BLOG
The Statute of Limitations Invoked to Dismiss Copyright Claims
On June 26, 2015, a decision of interest concerning the application of the statute of limitations and work made for hire doctrine in connection with copyright litigation was issued in the Southern District of New York. The case is Gideon Lewin vs. The Richard Avedon Foundation, docket No. 11-cv-8767 (KMW) (FM). The court dismissed the The Richard Avedon Foundation's (the Foundation) affirmative claims that photographs created by Lewin while he was acting as studio manager for Richard Avedon between 1965 and 1980 were works made for hire, since it waited too long to raise the defense. However, the work made for hire argument, ruled the court, is still available as an affirmative defense to Lewin's suit for declaratory judgment that he owns such copyrights. This article will discuss these aspects of the decision.
Disclaimer: I am counsel to the plaintiff, Gideon Lewin, in this action, which is ongoing.
Basic Facts
Lewin had a special relationship with Avedon, which permitted him to take photographs on his own time and for his own clients, resulting in Lewin owning the copyright to such photographs (the Foundation claims such images are works made for hire.) In 2006, Lewin met with Norma Stevens, who was the executive director of the Foundation at that time, to discuss his plans to write a book about his years with Avedon. Lewin showed Stevens images that he created and that he owned. Stevens then sent an email to another director of the Foundation, which reported on this meeting. Stevens admitted in the email that Lewin had many pictures of Avedon working, and was preparing a "dignified" book. Stevens further wrote that she made it clear to Lewin that the Foundation couldn't prevent him from using his images.
Originally published on July 10 of The Entertainment, Arts and Sports Law Blog, an online publication of the Entertainment, Arts and Sports Law Section of the New York State Bar Association.