Lloyd Jan Jassin

My focus is on publishing and entertainment transactions. I counsel authors, agents, composers, literary estates, publishing professionals, publishers and other businesses and individuals on copyright, licensing, fair use, defamation, privacy, and trademark related matters. I also review or "vet" manuscripts for media perils such as libel. Before becoming an attorney I was Director of Publicity for Prentice Hall Press and the Simon & Schuster General Reference Group. Prior to forming my firm, I was a trademark associate with Cowan, Liebowitz & Latman in NYC. Clients gain access to all of the knowledge, counsel, and advocacy that my firm can provide. I'm co-author of The Copyright Permission & Libel Handbook (John Wiley & Sons). A graduate of Benjamin N. Cardozo School of Law, I'm admitted in New York and New Jersey. Memberships include the Trademark & Unfair Competition Committee of the Bar of the City of New York and The Authors Guild. Contact: jassin@copylaw.com Tel: (212) 354-4442 ATTY ADV

• Publishing Law

• Credit Cards Accepted

New Jersey

Since 1991

New York

Since 1991

Partner

Law Offices of Lloyd J. Jassin

1993 - Current

Benjamin N. Cardozo School of Law

J.D. (1991)

1989 - 1991

Association of the Bar of the City of New York

Member

1994 - Current

New York State Bar  # 2432136

Member

1991 - Current

New York Center for Independent Publishing

Chair, Executive Committee

2006 - 2008

Copyright Permission & Libel Handbook

John Wiley & Sons

Will the Copyright Act Open a Floodgate of Contract Rewrites for Authors?

Publishers Weekly

January 4, 2013

Paul K. Saint-Amour (ed): Modernism & Copyright (Book Review)

Publishing Research Quarterly

October 1, 2011

Winning Legal Strategies for Publishing: Leading Lawyers on Industry Regulations, Structuring Agreements, and Creating Legal Game Plans (Inside the Minds)

Aspatore Books

June 1, 2007

Celebrity Lessons & Estate Planning: Copyright Termination, National Estate Planning & Legacy Week, Webinar

October 22, 2021

Dramatists Guild

The Real Person in Your Play, Webinar

April 16, 2020

Dramatists Guild

On April 16, at 4pm EST, Ralph Sevush will join attorney Lloyd Jassin to answer all of your questions about putting a real person in your play.

Representing Writers, Designers, Artists, Musicians and More: Getting the Best Results For New Jersey’s Finest Creative Minds, Continuing Legal Education Program, New Jersey Law Center

August 1, 2019

NJ State Bar

• Common legal pitfalls experienced by creative minds • Successfully negotiating contracts for creative endeavors • Recording agreements from the artist’s perspective • Understanding publishing deals for art, writing, and music • Terminating copyright assignments/licenses under Sections 203 & 304 of the Copyright Act • Agents and managers: how to structure deals and negotiate contracts • Deal making

Book Publishing Contracts, Continuing Legal Education Program, Philadelphia, PA

June 28, 2017

PBI: Philadelphia Bar Association

CLE program. Additional speakers include: Steve Gordon, Esq., Peter M. Thall, Esq., and S. Jean Ward, Esq., Kirk Schroder, Esq.

2013: YEAR OF THE TERMINATION?, Continuing Legal Education Program, Woodcock Washburn LLP, Cira Centre, Philadelphia, PA

March 7, 2013

The Copyright Society

2013 is the first year that terminations under section 203 of the Copyright Act take effect. Many have predicted that the section 203 terminations will create an additional layer of disruption in the publishing and music industries, which are already struggling with significant technological, consumer, and piracy-driven disruptions. Our panel will discuss whether the termination right is understood and being used by authors; whether re-negotiations are yielding better contract deals for aut

Q. I'm writing a book which is called "The Tinder Killer", is it legal to use the word "Tinder" in the title and the logo?

May 24, 2024

A: Fortunately, the First Amendment states that there shall be “no law” restricting freedom of speech or the press. The fair use doctrine allows the use of a trademark when it is used in a way not to deceive the public. For example, it is a fair use to use a trademark in the title of a literary work if done in “fairly and in good faith” to convey a message about what the work is about, provided you don’t suggest that the work is approved or endorsed by the trademark holder.

To qualify as a fair use, courts consider the following three factors:

1. Whether the product is “readily identifiable” without the use of the mark

2. Whether more of the mark was used than is necessary

3. Whether the use falsely suggests the work is sponsored or endorsed by the

trademark owner

Avoid using the same distinctive lettering style, font, color scheme, or other visual cues in a way that is likely to cause confusion. And while it’s not necessary to expressly disavow association with the trademark owner, the prominent use of disclaimers may negate an incorrect assumption there’s an association with the trademark owner.

In the realm of book titles, the use of trademarks has been a complex and evolving area of law, influenced by both trademark and unfair competition principles and the protections afforded by the First Amendment. For nearly four decades, the so-called Rogers test has been used by media companies and publishers to clear titles that included a person’s name or a third-party trademark. This test recognized the legitimate interest of authors and other creators in selecting appropriate titles and protected free speech rights when a trademark or person's name had “artistic relevance to the underlying work” and does not explicitly mislead consumers as to the source of the work.

To succeed, a plaintiff must assert that there is no artistic relevance and demonstrate that the use of the name or likeness would confuse consumers into believing that the celebrity or trademark owner was somehow involved with the creative work. Further, they must have explicitly attempted to deceive consumers into purchasing something they believed was authorized by them.

Under Rogers, weak right of publicity and trademark claims against authors and other creators are typically thrown out quickly. However, a recent U.S. Supreme Court decision has questioned the legal underpinnings of the Roger Test.

Because the “explicitly misleading” test sets a high bar, which requires a misstatement to be obvious and express, in June 2023, in their Jack Daniel's Properties, Inc. v. VIP Products LLC decision, the Supreme Court expressed concern that “few trademark cases would ever get to the likelihood-of-confusion analysis” if the Rogers Test is applied. While the Supreme Court left the Rogers two-part test that balances free speech with false endorsement claims intact, the likely result of the decision is that Rogers will be challenged by brand owners – with the cost born at the expense of the public’s interest in free expression under the First Amendment. ... Read More