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James Rosenfeld
He/Him
Partner
I help clients protect and defend their content – online, on screen and in print.
Jim Rosenfeld litigates for and counsels clients on risks and claims relating to their content. He represents a wide range of internet content and service providers, and publishers and broadcasters in every medium. His cases span media, intellectual property, and internet law - including copyright, trademark, defamation, right-of-publicity, invasion of privacy, freedom of information law, reporter's privilege, and commercial matters. He has particular expertise on issues unique to content providers on the internet and other new platforms, including the DMCA and CDA legal immunities for user-generated content; liability arising from linking, sharing, distributing, embedding, moderating, and aggregating content; and issues relating to online advertising, social media, bots, artificial intelligence, and piracy. Ranked by Chambers USA as one of "America's Leading Lawyers for Business" in Media & Entertainment: Litigation and First Amendment Litigation, Jim focuses his practice on the specific needs of his media, entertainment, and tech clients, keeping current on changes in their industries so he can best tailor advice to help them achieve their business goals.
Practice Highlights
Disputes over clients' content
Litigating state and federal lawsuits, arbitrations and appeals, involving claims that content has defamed (defense only), infringed, or violated privacy, publicity, intellectual property, First Amendment, or contract rights.
Disputes arising from third-party content
Defending clients sued for content that others post on their sites or services, by asserting the DMCA safe harbors, Section 230 of the CDA, and other defenses, or responding to pre-action disclosure applications or "John Doe" lawsuits for user information.
Content-related counseling to identify, mitigate and avoid risk
Advising clients ranging from leading media and tech companies to digital media startups on how to shape products and moderate content to minimize issues of infringement, defamation, and violating publicity and privacy rights - and how to resolve claims short of litigation.
Vdare Foundation, Inc. v. Facebook, Inc.
Representing Meta Platforms, Inc., formerly Facebook, Inc. in ongoing defamation case. Vdare, a not-for-profit organization and website which advocates for stricter immigration policies in the United States, asserted a single claim of defamation arising from a report in which Facebook listed Vdare as "linked" to a network engaged in "Coordinated Inauthentic Behavior" – i.e. using fake accounts to spread disinformation and evade enforcement. (S.D.N.Y. Ongoing)
Varga v. Twitch Interactive, Inc.
Served as lead trial counsel in successful defense of live-streaming service Twitch against claims from a popular former streamer, James Varga. Plaintiff alleged that his account had been improperly terminated, which cost him lost income and reputation harm between $15 and $100 million. Following a three-week jury trial, Varga was awarded only $20,000. The court subsequently denied plaintiff's unfair competition law (UCL) claim, which sought to restore Varga's account. (Cal. Super. Ct. 2018-2022)
Cummings v. City of New York, et al.
Successfully defended New York Daily News and former Daily News reporter in suit asserting defamation and other tort claims arising out of news coverage of the termination of public school teacher who allegedly asked African-American students to act out a scenario illustrating the conditions of the "middle passage" of slaves' journey from Africa to the United States in front of their class. Motion to dismiss granted (2021 WL 1163654 (S.D.N.Y. Mar. 26, 2021)); motion for reconsideration denied (2021 WL 1664421 (S.D.N.Y. Apr. 28, 2021)); affirmed (2022 WL 2166585 (S.D.N.Y. June 16, 2022))
Perlman et al. v. Vox Media
Successfully defended Vox Media in a defamation action arising from articles in its technology blog, "The Verge," about plaintiffs, a businessman, and two of his companies. The case raised significant issues concerning republication, opinion, and the reporter's privilege. Won summary judgment for lack of subject matter jurisdiction in the Delaware Chancery Court over defamation claims. Perlman v. Vox Media, Inc., 2019 WL 2647520 (Del. Ch. June 27, 2019). After plaintiffs refiled the case in Superior Court, the court granted summary judgment to Vox Media dismissing the case in its entirety. 2020 WL 3474143 (Del. Super. Ct. June 24, 2020). The decision was affirmed by the Delaware Supreme Court. 249 A.3d 375 (Del. 2021).
BackGrid USA, Inc. v. iHeartMedia, Inc. et al
Defended iHeartMedia in copyright action concerning 62 photographs of celebrities, involving a range of issues including the the discovery rule, the discharge of claims in bankruptcy, the fair use doctrine and various damages issues. Eventually reached a successful settlement in mediation. (C.D. Cal. 2020)
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Admitted to Practice
- New York, 1997
- U.S. Court of Appeals, 3rd Circuit, 1999
- U.S. Court of Appeals, 2nd Circuit, 2006
- U.S. Court of Appeals, 6th Circuit, 2012
- U.S. District Court, Southern District of New York, 1997
- U.S. District Court, Eastern District of New York, 1997
- U.S. District Court, District of Colorado, 2000
- U.S. District Court, Middle District of Pennsylvania, 1998
Education
- J.D., Columbia Law School, 1995
- Harlan Fiske Stone Scholar
- B.A., Yale University, 1990, cum laude
Memberships & Affiliations
- ABA Forum on Communications Law, Governing Committee Member, 2020-2023; Co-Chair of Intellectual Property Committee, 2023-present
- ABA Copyright Litigation Subcommittee, 2011-present
- New York City Bar Association Copyright Committee, 2018-2021; Communications and Media Law Committee, 2007-2010
- Copyright Society of the United States
Professional Recognition
- Named as one of "America's Leading Lawyers for Business" by Chambers USA in Media & Entertainment: Litigation (New York) 2020-2024; Media & Entertainment: First Amendment Litigation (New York), 2019, 2021-2024; Named a "Recognised Practitioner" in Media & Entertainment: First Amendment Litigation (New York), 2017-2018
- Selected to "New York Super Lawyers" in Intellectual Property Litigation, Thomson Reuters, 2013-2024
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AI Digital Gavel
02.14.25
Insights
Thomson Reuters v. Ross Intelligence: Copyright, Fair Use, and AI (Round One) Read More Publications
Winter 2025
Publications
Artificial Intelligence
Co-author, "Generative AI and Copyright Law: Current Trends in Litigation and Legislation," Communications Lawyer Read More 11.14.24
Presentations
Speaker, "Copyright Liability for AI and LLMs," AI, Big Data, and Cloud Conference 2024, Davis Wright Tremaine, Seattle
laptop keyboard
09.11.24
Insights
Media
Digital Replicas and the First Amendment: The Latest in Artificial Intelligence Legislation Read More Publications
06.10.24
News
New Chambers Rankings Affirm Davis Wright Tremaine's National Leadership in Key Industry Sectors Read More Digital blue AI head
04.08.24
Insights
Intellectual Property
Tennessee, All Shook Up Over AI-Generated Voice Replicas, Passes ELVIS Act Read More Publications
03.04.24
Publications
Co-author, "Diverging International Approaches To The Copyrightability And Authorship Of AI-Created Works," Mealey's Litigation Report: Intellectual Property Vol. 32, #11 Read More March 2024
Publications
Co-author, "Diverging International Approaches To The Copyrightability And Authorship Of AI-Created Works," Mealey's Litigation Report: Copyright Vol. 23, #2
Artificial intelligence robot painting
01.30.24
Insights
Intellectual Property
Diverging International Approaches to the Copyrightability and Authorship of AI-created Works Read More 10.12.23
Presentations
Panelist, "Predictions, Hallucinations, and Productivity," DOWNLOAD/NY
10.04.23
Presentations
Moderator, "Fair Use, Parody and Transformation," 2023 Media Law Conference, Lansdowne Resort Hotel, Leesburg, Virginia
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