Daniel B. Lifschitz
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WHEN THE DEAL GOES WRONG, WE KNOW WHAT TO DO.
Daniel B. Lifschitz is an Associate at Johnson & Johnson
Mr. Lifschitz has spent his career specializing in copyright and entertainment law. While in law school, he earned the top grades in his class for both Copyright Law and International Copyright Law, was awarded the 2012 Paul Miller Scholarship from the Los Angeles Copyright Society, had his scholarship on intellectual property published in Loyola’s International and Comparative Law Review, and graduated with honors from Loyola’s Entertainment Law Concentration. In practice, he has litigated industry-leading cases on a variety of copyright law issues, including pre-1972 sound recordings, mechanical licenses, and anti-bootlegging protections. He has also taken analytical lead on a number of class actions involving underpayment or non-payment of royalties to artists.
In addition to his litigation work, for which he has been repeatedly recognized as a Rising Star by Super Lawyers, Mr. Lifschitz teaches entertainment law courses at the University of California, Los Angeles. He has written articles on entertainment law matters for the Los Angeles and San Francisco Daily Journals, Los Angeles Lawyer, the Los Angeles County Bar Association’s Entertainment Law and Intellectual Property Section, the New York State Bar Association, the Computer & Internet Lawyer, and the University of Southern California’s Entertainment Law Spotlight, He has also participated in the lobbying efforts of the California Conference of Bar Associations, helping to shepherd multiple proposed amendments to California’s anti-SLAPP law through to passage by the full Conference.
- Served as lead associate in multi-state class action litigation against Sirius XM and Pandora on behalf of Flo & Eddie, two members of 60’s rock group The Turtles, for the misappropriation and unlawful exploitation of pre-1972 sound recordings, resulting in a $25 million settlement on behalf of the certified class
- Pursued class action litigation against Spotify concerning the mechanical licensing of musical compositions for its streaming service under Section 115 of the Copyright Act, resulting in a $43 million settlement on behalf of the class after certification as interim lead co-counsel
- Pursued an anti-bootlegging and copyright infringement class action against Bill Graham Archives LLC d/b/a Wolfgang’s Vault, resulting in the first ever class action certified under 17 U.S.C. § 1101 and establishing the defense’s burden to prove artist consent in a published federal district court opinion.
- Defeated an anti-SLAPP motion brought by Bauer Media against Richard Simmons as part of an invasion of privacy suit filed in Los Angeles Superior Court, further obtaining a published decision from the California Court of Appeals upholding the trial court’s decision to deny the anti-SLAPP motion
- Worked with a team of Johnson & Johnson attorneys to obtain a $9.6 million trial verdict on a right of publicity claim against The Coca Cola Company on behalf of the heirs of juice pioneer Hubert Hansen, believed to be the largest ever right of publicity trial verdict handed down by a court to date.
- Represented iconic music producer Quincy Jones against Michael Jackson’s production company and record label for royalties owed in connection with Jones’ work on Thriller, Bad, and Off The Wall, defeating an adverse motion for summary judgment and leading to a $9.4 million jury verdict in Jones’ favor
- Obtained a settlement on behalf of a famous boxer against a major television studio for right of publicity violations in a television series
- Obtained a settlement on behalf of the founder and former CEO of a major music streaming company for breach of contract and fraud after defeating a demurrer
- Obtained dismissal of a copyright infringement complaint brought against a celebrity client by a screenwriter on the basis of an implied license defense
- Obtained a favorable reversal from the California Court of Appeal on behalf of the royalty recipients to a well-known Barry White song
- Represented a television producer in litigation against her former talent agency and a celebrity production studio stemming from a botched reality television series, leading to settlements with both defendants
- State Bar of California, Intellectual Property Section
- Beverly Hills Bar Association
- California Society of Entertainment Lawyers
Classes and Seminars
- Teacher, UCLA Extension, Entertainment Law
- J.D., Loyola Law School, Los Angeles, with honors
- B.A., Washington & Jefferson College
- Entertainment Law
- Copyright Law
- Right of Publicity Law
- Business Litigation
- Class Action Litigation
- District of Columbia