Scott Sholder

Practice Areas

Scott J. Sholder, Co-Chair of the Litigation Practice Group at Cowan, DeBaets, Abrahams & Sheppard LLP, focuses his practice on litigation, counseling, and dispute resolution in connection with entertainment, media, art, and intellectual property matters. Scott represents and advises clients across various industries in copyright, trademark, right-of-publicity, trade secrets, unfair competition, domain name, and commercial and business disputes, as well as defamation defense. He has appeared in federal and state courts around the country as well as administrative and arbitral tribunals and has handled cases from pre-suit negotiations through trial, post-trial procedures, and appeals. His clients range from major media and entertainment companies and A-list talent to closely held and startup businesses and individuals in need of advice on intellectual property or guidance concerning brewing or existing legal conflicts.

Scott is a skilled advocate and understands the risks, benefits, and practical considerations inherent in intellectual property and media and entertainment legal matters and knows how to make use of available leverage and industry knowledge to reach a favorable conclusion. He utilizes a principled yet practical approach to litigation with an eye toward efficient resolution in line with the client’s business needs and financial realities.

Scott is a frequent writer and speaker on issues related to copyright and trademark in the entertainment and traditional and digital media spaces, with a recent focus on generative AI. He has also authored amicus briefs in the Courts of Appeal and U.S. Supreme Court addressing important and cutting-edge copyright issues.

Career

Law Clerk, Hon. Peter G. Sheridan, U.S. District Court, District of New Jersey (2007-2008)

Law Clerk, Hon. Leonard I. Garth, U.S. Court of Appeals for the Third Circuit (2008-2009)

Paul, Weiss, Rifkind, Wharton & Garrison LLP: Litigation Associate (2009-2013)

Cowan, DeBaets, Abrahams & Sheppard LLP: Associate (2013-2016)

Cowan, DeBaets, Abrahams & Sheppard LLP: Partner (2016-present)

Professional Memberships

Media Law Resource Center (MLRC), Member and Former Co-Chair of Media, Copyright & Trademark Committee

Copyright Society of the USA (CSUSA)

American Bar Association (ABA) Section of Intellectual Property, inaugural Chair and current Co-Chair, Right of Publicity Committee

New York State Bar Association

New York City Bar Association, Member, Copyright & Literary Property Committee, and co-chair of AI subcommittee

New York City Bar Association, Member, Entertainment Law Committee

Federal Bar Council, member, IP Committee

Mondo NYC, Planning Committee

Publications

“Complaints and Grievances”: George Carlin and soundalike litigation in the era of generative AI, The Trademark Lawyer Magazine (June 6, 2024)

"Protecting Digital Content Online in the New Wild West of Generative AI and the Blockchain," The Licensing Journal (Vol. 43 No. 7, Aug. 2023)

“Exploring The Question Of Authorship With AI-Generated Art,” Law360 Expert Analysis Sept. 20, 2022 (co-authored with Ben Halperin)

“This Is Not Another Fair Use Article: The Implied License and De Minimis Use Copyright Defenses,” Landslide, November/December 2020 (co-authored with Sara Gates)

“Anything for Selenas? A Right of Publicity Case Study,” Landslide, ABA, November/December 2020

“Fair Use and First Amendment Defenses (Trademark Litigation)” Lexis Practice Advisor Practical Guidance, Fall 2020

“Pre-suit Considerations in Copyright Litigation”, Lexis Practice Advisor, Practical Guidance, Fall 2020

“Sohm v. Scholastic: Second Circuit Schools Litigants on Key Copyright Issues,” Bright Ideas, NYSBA, Fall 2020

Show the Tattoo: Video Game Company Free to Depict Inked Basketball Stars,” Digital Media Licensing Association, June 18, 2020 (co-authored with Nancy E. Wolff)

“Ninth Circuit Holds First Amendment Tolerates Whiskey-Inspired Parody Dog Toys in Trade Dress Spat,” Media Law Resource Center (MLRC), May 6, 2020

Content in Quarantine: Copyright Best Practices During a Pandemic, LAW360 Intellectual Property, LAW360 Media & Entertainment, and LAW360 Coronavirus, May 1, 2020

“Copyright 2020 Law & Practice USA,” Chambers & Partners (co-authored with Nancy E. Wolff, Sara Gates and Elizabeth Altman)

”Content in Quarantine: Copyright Best Practices for Pandemic”, Law360, April 30, 2020

”When Copyright Litigation Becomes a Business Model”, The Routledge Companion to Copyright and Creativity in the 21st Century (essay)

“Copyright 2020: Law & Practice,” Chambers & Partners (contributing author)

“Staying Safe in the Showdown over Digital Content Use Online,” GPSOLO (ABA, March/April 2019)

“Trends and Developments USA,” Chambers Global Practice Guides Trade Marks 2018 (contributing author)

“TVEyes and the Future of Technotainment,” Bright Ideas, NYSBA, Fall 2018

“The Good, the Bad, and the JPEG: Staying Safe in the Constant Showdown over Digital Content Use Online,” Landslide, ABA, September/October 2018 (co-authored with Lindsay R. Edelstein)

“Determining a Reasonable Licensing Fee for Purposes of Copyright Damage Awards,” Bright Ideas, NYSBA Spring/Summer 2018

“Brammer v. Violent Hues Productions, LLC: Long Live the Right-Click License?”, MLRC MediaLawLetter, July 2018

“DMCA 2.0: A Potential Shift in Safe Harbor Jurisprudence,” Law360 Expert Analysis, May 19, 2017

“Teachable Moments: A Year-in-Review of Best Practices in DMCA Compliance,” Inside, NYSBA Fall 2016

“Photo prints are expressive works entitled to First Amendment Protection,” Intellectual Property Magazine, July/August 2015

“Video Game Cases May Break New Right-Of-Publicity Ground,” Law360 Expert Analysis, Aug. 1, 2014

“The Role of Volition in Evaluating Direct Copyright Infringement Claims Against Technology Providers,” Bright Ideas (published by the New York State Bar Association’s IP Section), Lead Article, Winter 2013 (co-author)

Personal

Scott is a New Jersey native and lives in Westchester County, New York with his wife and two daughters. His lifelong creative endeavors led him to a law practice focused on entertainment, media, and art. He has played bass guitar for more than 20 years, currently playing in the CDAS house band REDACTED along with his colleagues and writes short fiction and creates digital art in his spare time. He also has been practicing Tae Kwon Do for nearly 30 years and holds a third-degree black belt in the martial art.

Experience

Selected Recent Speaking Engagements:

“AI Ethics in Media and Entertainment,” New York State Bar Association, Entertainment, Arts & Sports Law Section Spring Meeting 2024

"IP Basics for NFTs" NFT NYC, April 2024

“AI Ethics in the Practice of Law” PLI, Advanced Trademark Seminar, March 2024

“AI in Visual Arts: Challenges and Opportunities for Artists’ Remuneration in the Digital Age”, IAF, April 2024

“Artificially Infringing? The Copyright Implications of Generative AI Tools”, KU Media and the Law Seminar, April 2024

“Rise of the Machines: The Intersection of Generative Artificial Intelligence and Intellectual Property Law” Federal Bar Council, February 2024

“Thinking Out Loud: A Panel Discussion of Recent Music Litigations”, Mondo.NYC Conference & Music Festival, October 2023

“Exploring the Legal Considerations of Generative AI - Ownership vs. Innovation,” Generative AI Week Conference, 2023

“Artificial Intelligence and Copyright Issues in Art”, Center for Art Law - Art Law Day, April 2023

“Users are creators — Is AI blurring the lines of creativity in the copyright framework?” Creative Commons Symposium on Generative AI and the Creativity Cycle, September 2023

“Music Copyright 101” Media Law Resource Center (MLRC) Media Law Conference, October 6, 2023

“Protecting Artificial Intelligence Under Copyright Law: Protectability, Authorship, Registration” Strafford, September 28, 2023

“Artificial Intelligence: Revolution and Opportunity in Trade Publishing” Publishers Weekly, September 27, 2023

“Art Law Lunch Talk: Protecting your IP w/ the Blockchain” Center for Art Law, September 26, 2023

“Music Theory For Lawyers – And Legal Theory For Musicians” Lawline, September 14, 2023

“Generative AI & Copyright: Authorship, Copyrightability, and Infringement” Quimbee, August 22, 2023

“Substantial Similarity of Musical Works: Navigating Different Tests, Recent Court Treatment” Strafford Webinar, May 23, 2023

“AI Image Generators and Copyright: Eligibility in the U.S., UK, EU, and More; Fair Use, Derivative Works, Liability” Strafford, April 25, 2023

“Art and Artificial Intelligence: Copyright implications in the new wild west of generative AI” MyLaw CLE, April 5, 2023

“The Future of Copyright and Artificial Intelligence” Fordham Law School, March 22, 2023

“Copyright + Technology Conference 2022” – CSUSA, September 13, 2022

“Best Practices in Sourcing, Vetting, Licensing, and Using Digital Content Online”, World Intellectual Property Forum (WIPF), April 29, 2021

“Art Law 201: Painting the Picture of Sales of Art during a Global Pandemic” ABA webinar, 2021

“Implied License and De Minimis Use Defenses in IP Litigation: Raising and Contesting the Defenses,” Strafford Webinar (forthcoming March 25, 2021)

Faculty facilitator, breakout session regarding copyright, trademark and right of publicity, Media Law Resource Center (MLRC) Virtual Annual Conference, October 6, 2020

“Can You Do That? Copyright Litigation for Unauthorized Derivative Works,” ABA Webinar, Oct. 22, 2019

“Right of Publicity and Social Media,” ABA IP West Conference, Oct. 2, 2019

“Online Tension between Owners’ Rights and User Rights: Enforcement and Responsibility,” IPIC 93rd Annual Conference, Sept. 27, 2019

Moderator, “Small Ticket Items: Strategic & Ethical Considerations for Copyright Claims of Small Monetary Value,” CSUSA, September 12, 2019

“Derivative Works and Copyright,” Strafford webinar, June 18, 2019

Faculty facilitator, breakout session regarding copyright, trademark, and right of publicity, Media Law Resource Center (MLRC) Annual Conference, November 7, 2018

Industry Sector Expertise

Copyright

Trademark

Right of Publicity

Trade Secrets

Entertainment (TV, film, music, theater, publishing)

Traditional Media

Digital Media

Art

Photography

Artificial Intelligence

Expert in these Jurisdictions

Admitted in:

New York

New Jersey

U.S. District Courts for the Southern and Eastern Districts of New York

U.S. District Court for the District of New Jersey

U.S. Courts of Appeals for the Second, Third, Fourth, Ninth, Eleventh, D.C., and Federal Circuits

Languages Spoken

English

Education

Awards