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Frankfurt Kurnit Klein & Selz PC

488 MADISON AVENUE, NEW YORK, NY 10022, USA
Tel:
Work +1 212 980 0120
Fax:
Fax +1 212 593 9175
Email:
Web:
www.fkks.com
Los Angeles, New York

Brian Murphy

Tel:
Work (212) 826 5577
Email:
Web:
www.fkks.com/brian-murphy
Frankfurt Kurnit Klein & Selz PC

Work Department

Advertising, Marketing and Public Relations Law

Position

Mr. Murphy counsels advertising agencies, advertisers, and entertainment companies as they develop and produce advertising and entertainment properties across all media. Mr. Murphy has been named 2018 Attorney of the year for Advertising Law by Best Lawyers.

His practice focuses on copyright, trademark, right of publicity/right of privacy, false advertising, unfair competition, and defamation. Mr. Murphy negotiates and structures celebrity talent agreements, agency-client contracts, sponsorship arrangements, product integration deals, and music, film, and other content licenses. He assists clients in the development and execution of complex contests, sweepstakes, and charitable promotions and programs, including those involving user-generated content that are developed for social media, interactive, and mobile platforms. In addition, Mr. Murphy regularly advises clients on the development and production of branded entertainment projects, such as television shows, films, live events, electronic games, webisodes, mobisodes, and websites.

Career

Mr. Murphy is a frequent and popular speaker on advertisingentertainment, and intellectual property issues. In the recent past, he has given presentations at the 2009 American Bar Association Annual Meeting ("Listen to the Sound of Music: Anatomy of a Copyright Infringement Lawsuit"), the New York City Bar Association’s Current Developments in Copyright Law Program ("The Wonderful World of User Generated Content"), the Significant Developments in Intellectual Property Law of Computers and Cyberspace at the University of Dayton School of Law ("Fair Use 2009: Should the Internet, Digital Media and User Generated Content Change Our Analysis?"), the Copyright Society ("Copyright, Lanham Act, Right of Publicity, and Contract Claims Arising from the Use of Music in Commercials"), the New York State Bar Association ("Keeping it Real: The Use of People, Places, and Things in Works of Entertainment"), the American Conference Institute’s (ACI) "Branded Integration Deals" conference ("Working with Talent and Talent Unions"), ACI’s 21st Corporate Counsel Forum on Advertising Law ("Leveraging Rights and Maximizing Bargaining Power When Negotiating the Agency/Client Agreement"), and New York Law School ("The Slinky Dress: Secondary Liability and the Future of Digital Innovation").

Mr. Murphy is an Adjunct Professor of Law at New York Law School where he teaches courses on entertainment and copyright law. Mr. Murphy previously taught at Fordham University Law School and has lectured at the Parsons School of Design. He is a member of the Copyright Society of the U.S.A.; the Entertainment, Arts & Sports Law Section of the New York State Bar Association; the Promotion Marketing Association; and the American Bar Association Intellectual Property Section’s Special Committee on Promotions and Marketing Law.

Mr. Murphy clerked for the Hon. Leonard B. Sand, United States District Judge in the Southern District of New York. He is admitted to practice in New York. 

Education

University of Pennsylvania (BA, magna cum laude, Phi Beta Kappa, 1989) New York University School of Law (JD, cum laude, 1992) Editor of the New York University Law Review.


United States: Media, technology and telecoms

Advertising and marketing: transactional

Within: Advertising and marketing: transactional

The New York-based advertising, marketing and public relations group at Frankfurt Kurnit Klein & Selz PC boasts impressive capabilities advising a range of brands spanning from PepsiCo and Domino’s Pizza to BIC USA, and also agencies such as Crispin Porter + Bogusky and Wieden & Kennedy. A particular work highlight was acting for Epic Games regarding a multitude of advertising and intellectual property matters, including structuring its influencer and generated art programs and putting their content into television commercials. The team also has experience assisting disruptive businesses and counts Etsy, thredUP and Glossier among its clients in this sector. Recently promoted partner Hannah Taylor is assisting Lidl with several advertising matters since entering the US market, including regulatory advice. Terri Seligman and Rick Kurnit jointly lead the group which also includes, Jeffrey Greenbaum, Brian Murphy, Candice Kersh, Christopher Chase, Gavin McElroy.

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