(202) 408-7600 ext. 1
Harvard Law School, J.D. (1971, cum laude)
City College of New York, B.A. (1968, magna cum laude)
District of Columbia
U.S. District Court for the District of Maryland
Building on decades of experience in intellectual property law, policy and education in Washington, D.C., Arnold Lutzker is as zealous and creative in helping clients protect and manage their traditional copyright and trademark portfolios as he is in addressing the constantly evolving legal issues presented by new media. On a daily basis he counsels clients engaged in a wide variety of pursuits (including film, television, publishing, photography, entertainment, arts and e-commerce as well as more conventional businesses) on the strategic exploitation of their intellectual property. When infringement and other disputes arise, he works to resolve them pragmatically and efficiently. In cases where informal resolutions are not possible, he is an ardent and effective litigator. Esteemed in the intellectual property field for his expertise and problem-solving skills (a long-time “SuperLawyer,” as voted by his colleagues), as well as his background in drafting key copyright legislation, he is often brought into cases by other attorneys to provide specialized intellectual property services.
Prior to establishing Lutzker & Lutzker with his wife Susan Lutzker, he was a principal in the Washington law firm of Fish & Richardson, P.C. and a partner in Dow, Lohnes & Albertson, where he had a varied copyright and trademark practice. In the legislative area, Arnold Lutzker has represented a consortium of national library associations in the drafting of key copyright law provisions which are at the heart of many of the unresolved new media issues making headlines every day: the Digital Millennium Copyright Act (DMCA), Sonny Bono Copyright Term Extension Act (CTEA) and the TEACH Act. He also represented the Directors Guild of America (DGA) and The Film Foundation in connection with their effort to protect classic American movies by affording directors moral rights in their works.
- Representing religious television producers and syndicators before the Copyright Royalty Board of the Library of Congress in proceedings to determine the allocation of hundreds of millions of dollars in annual cable and satellite royalties.
- Representing Crystal Cathedral Ministries in a copyright infringement claim in federal bankruptcy court by its founder, Reverend Robert Schuller, over ownership of the “Hour of Power” television series. The litigation resulted in a ruling that Reverend Schuller created the works as an employee of the Ministries and, that, therefore, the Ministries is their rightful owner.
- Representing legendary soul singer Sam Moore in a trademark and right of publicity lawsuit concerning the use of Mr. Moore’s name, likeness and other indicia of persona in connection with the 2008 film Soul Men. An appellate brief is pending before the Sixth Circuit.
- Defending Kardwell International, a family-owned entertainment company, against allegations that Kardwell sold casino gaming layouts which infringed the copyright and trademark rights of mega-corporation Shuffle Master International.
- Representing 88 LLC, a D.C. area multi-media production company, in a copyright and breach of contract suit against the Army contractor which had engaged it to create video modules to educate soldiers, their families and medics about traumatic brain injuries.
- Representing Ambrose Publishing Company and the Association for Informational Media and Equipment in a lawsuit in California against UCLA, alleging that the university’s streaming of Ambrose’s educational videos infringed its copyrights and was not fair use as the University claimed.
- Counseling film and television producers on structuring and financing projects.
- Representing Los Angeles screenwriter Yolanda Buggs in federal court against DreamWorks Animation and Paramount Pictures alleging copyright infringement of a screenplay she wrote as a graduate student at the American Film Institute.
- Representing the creators of the award-winning STOMP ROCKET® toy in federal court against the manufacturers/importers and distributors of a knock-off, and also against national retailer Toys “R” Us, Inc. following that chain’s sale of a similar air rocket toy under an allegedly infringing name.
- Dealing with anti-virus software companies on claims of potential abuse (distribution of malware, Trojan viruses and adware) stemming from online site downloadables.
- Advising online game sites and contextual advertising services on issues such as permissible use of third party trademarks and user-generated content.
- Defending a client’s contextual marketing program using “pop-up” ads from claims of trademark and copyright infringement.
- Lutzker & Lutzker, in conjunction with another law firm, developed the strategy that successfully defended a client’s delivery of Internet “pop-up” ads as part of its innovative contextual marketing program. Since novel issues necessitate novel approaches, part of the litigation plan consisted of identifying and working with a Harvard Business School professor to develop expert testimony on how “pop-up” ads benefit consumers and enhance competition in the marketplace. The firm retained a nationally recognized survey expert to identify flaws in the plaintiff’s survey evidence. When courts in New York and Virginia ruled in favor of our client, the judge’s opinion adopted much of the reasoning of the firm’s brief.
- Defending a software company’s sale and distribution of innovative DVD backup and restoration software and the public’s fair use rights.
- See Lutzker, A. and Lutzker, S., “Altering the Contours of Copyright: The DMCA and the Unanswered Questions of Paramount v. 321 Studios.”
- Lutzker & Lutzker represented a software company in its fight to establish that consumers may decrypt scrambled content on a lawfully acquired DVD in order to repair or make a personal backup copy of the DVD and that the company may lawfully distribute software designed to enable that activity. The firm defended the company in federal court against claims brought by two major motion picture studios under the “anti-trafficking” provisions of the Digital Millennium Copyright Act (DMCA). The firm also submitted public comments and prepared the founder of the company to testify in the Copyright Office’s second triennial “Section 1201” rulemaking proceeding for the consideration of exemptions to the DMCA’s prohibition on circumvention of technological measures that control access to copyrighted works.
- Guiding litigation in Europe establishing the precedent of moral rights protection for American filmmakers.
- Supervising litigation in Italy on behalf of legendary filmmaker Fred Zinnemann (High Noon, From Here to Eternity) over the wrongful colorization of The Seventh Cross. The litigation has resulted in an injunction and an award of 100,000 euros in favor of the director’s heir.
- Working with the heirs of legendary filmmaker John Huston (The Maltese Falcon, The African Queen) on moral rights issues in France.
- Assisting the late film director Sydney Pollack’s claim against alteration of Three Days of the Condor in Denmark.
- Supporting director Phillip Noyce in arbitration over claim of extensive cutting of his film Thunderheart.
- Forming and representing the Palace Arts Foundation in negotiating licensing, merchandising and publishing agreements for the international exhibition Palace of Gold & Light: Treasures from the Topkapi, Istanbul, which contained more than 250 precious and historic objects, including the famous Topkapi Dagger, the throne and sword of Suleyman the Magnificent and robes of Mehmed the Conqueror.
- Arnold and Susan Lutzker were instrumental in creating the concept for the exhibition. In addition, the firm served as legal counsel to the sponsoring Palace Arts Foundation, which was created to promote international understanding through the arts and chaired by Richard C. Barkley, former U.S. ambassador to Turkey. The firm’s responsibilities included negotiating and drafting the governing protocol with the Government of Turkey and the agreements with the venue museums, obtaining State Department indemnity, and working with the exhibition consultants, vendors, and licensees in connection with the exhibition and related fund-raising, public affairs, merchandising and publishing activities. The exhibition and its catalog received critical praise and was seen by 150,000 visitors in Washington, D.C. at the Corcoran Gallery of Art, at the San Diego Museum of Art and at the Museum of Art in Fort Lauderdale. According to the Embassy of Turkey, the exhibition contributed to a 27% increase in tourism to Turkey during 2000.
- Serving as special legal advisor to the national traveling art exhibition JEWELS OF THE ROMANOVS: Treasures of the Russian Imperial Court (1996-1998).
- Testifying at the Library of Congress in connection with hearings to establish exemptions under Section 1201 of the Digital Millennium Copyright Act.
- Representing Music Makers Holdings LLC in a trademark infringement dispute with the operator of a New York music school over the ownership and use of the mark BACH TO ROCK for music education services, including managing trademark filings and domain name acquisitions for the company and the acquisition of pre-existing rights to the mark.
- Successfully concluding the copyright infringement and false advertising claim of Mary Buck, a jewelry designer whose work was improperly exploited in print advertising and online by Vera Wang’s company.
- Successfully resolving a suit by Rudy K, a prominent Washington, D.C. photographer, against The Washington Blade, a leading newspaper for the gay and lesbian community for copyright infringement and breach of contract claims involving multiple unauthorized reproductions of his photographs in print and online.
- Filing numerous amici briefs in the U.S. Supreme Court and the U.S. Courts of Appeal on behalf of national library and educational associations concerning provisions of copyright law that govern copyright term and the rights of freelance authors, photographers and publishers to control the electronic republication of works and on behalf of economics professors in a peer-to-peer file-sharing case.
HONORS AND RANKINGS
- Recipient of the 2012 Larry Koltun Memorial award of the International Network of Boutique Law Firms (INBLF), given each year to the INBLF member who most exemplifies the spirit of congeniality and collegiality that characterized the late DC chapter president.
- Washington, D.C. “Super Lawyer” in the field of Intellectual Property; including listing in Corporate Counsel edition of Super Lawyers
- Treasurer and Board member, International Network of Boutique Law Firms (INBLF); Secretary INBLF; INBLF D.C. Chapter President
- Vice-Chair and national Board member, FilmFest DC
- General counsel and Board member of the Cultural Alliance of Greater Washington
PUBLICATIONS AND SPEECHES
- Content Rights for Creative Professionals: Copyrights and Trademarks in a Digital Age (Focal Press, 2002), also published in Russian and Chinese editions, Author
- Copyrights and Trademarks for Media Professionals (Focal Press, 1997), Author
- Legal Problems in Broadcasting (Great Plains University Press, 1974), Author
- “Copyright Compliance” (Chip Taylor Communications, 2006)
- “Copyrights: The Internet, Multimedia and the Law” (Chip Taylor Communications, 1997).
- “Altering the Contours of Copyright: The DMCA and the Unanswered Questions of Paramount v. 321 Studios,” 21 Santa Clara Computer & High Technology Law Journal 561 (2005), Co-Author with Susan Lutzker
- “Orphan Works: Defining the Problem, Finding a Solution, Marcasur.com,” 1/23/07, Author
- Case study included in “Artists, Technology & the Ownership of Creative Content,” (Norman Lear Center, University of Southern California, 2003), Author
- Primer on the Digital Millennium Copyright Act, 1998, Author
- Testimony at Hearing on Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies, United States Copyright Office, Library of Congress, May 4, 2000, Author
- University of Maryland (UMUC) Center for Intellectual Property 2010 Symposium: “Sustaining Culture in Copyright – The Future of Fair Use”
- D.C. Bar Fair Use Forum (2006)
- D.C. Bar Forum on Pop-Up Ads (2004)
- University of Maryland Distance Learning Seminars on IP (2003-2010)
- U.S. State Department-sponsored trip to Thailand (2002)