What RuPaul’s Drag Race Can Teach Us About Fair Use

When: April 25, 2019 at 12:00pm - 2:00pm EDT - This event has passed


Smartphones, apps and social media have changed forever the way we share and comment on personal news, politics, culture, the Kardashians, on so much more.  Not just with words, but with pictures, video clips and audio.  Why type a word, when you can use an emoji?  Why write a full sentence, when you can send a meme?  Why post a plain photo when you can manipulate it with filters, stickers and other do-dads to convey your mood in that moment?  Sometimes this sharing involves the unauthorized use of copyrighted works.  At this lunch, we will take a look at fair use in 2019.  How have courts – and more importantly, how will courts – grapple with fair use questions involving massive sharing of memes and other content by consumers (and media companies)?  Is our fair use jurisprudence up to the task?
You won’t want to miss this highly entertaining, insightful, and timely presentation on fair use by Brian Murphy, esteemed advertising attorney, acclaimed speaker, and author of the Internet sensation “Miss Vanjie! Miss Vanjie!: What RuPaul’s Drag Race Can Teach Us About Fair Use Under Copyright.”
For our signature “real world” take, we will be joined by Joseph Moschella, who heads up business and legal affairs at Jukin Media.  Jukin, a media and entertainment company that licenses user-generated videos, makes countless fair use decisions due to the wide-ranging unauthorized use of its content.  Jukin has litigated several copyright matters and has had one fair use trial go to jury.

Program will satisfy 1.5 CA CLE credits pending approval by the State Bar of California.


Brian G. Murphy
is a partner at Frankfurt Kurnit, an advertising, entertainment and media law boutique with offices in New York and Los Angeles. Brian represents some of the best known brands and most innovative advertising agencies in the world, helping them with every conceivable issue that comes up when developing and producing advertising and marketing programs. He’s been practicing for . . . well, ages . . . and he’s seen it all. He speaks at tons of conferences (invite him, and he will probably come), contributes to his firm’s popular advertising law blog (which you really should subscribe to), and is a member of lots of IP and marketing organizations (because he is a self-identified IP geek). And, if he were a drag queen (which he would be, if only he had the creativity, uniqueness, nerve and talent), his drag name would be Jackie (name of first pet) Kennedy (name of the street on which he grew up).


Joe Moschella 
has managed all of Jukin Media’s legal matters, business deals, and corporate operational issues since 2014, seeing the company from 25 employees in Los Angeles to over 150 employees globally. He is a former general counsel to Fuhu, Inc. (Inc. 5000’s fastest growing company in the US for 2013 and 2014), former senior counsel to a theatrical distribution company, and has a history of working with high-growth enterprises to maximize value and minimize risk. He has a BA in Political Science and a JD from the University of Wisconsin-Madison, and an MBA from Cornell University’s Johnson School, where he was a Park Fellow.



Jeremy S. Goldman
( Moderator) is a partner in the Litigation Group at Frankfurt Kurnit and Co-Chair of the LA Chapter of the CSUSA. Jeremy represents companies, brands and individuals in the media, film, television, gaming, advertising and technology spaces. He frequently counsels clients, litigates claims and resolves complex disputes involving copyright, breach of contract, the First Amendment, right of publicity, chain of title, trademark and intermediary liability.  Jeremy has written and spoken extensively on these and other topics. In 2015, after spending eight years with the firm in New York, Jeremy moved across the country with his wife and two children to help launch Frankfurt Kurnit’s LA office. He is admitted to practice in New York and California.




Members: $25
Student Members: 
$20  |  Must present valid student ID at the door

Please note: Affordable parking is available across the street in the Westfield Mall’s Constellation/Solar parking lot. Fox Rothschild cannot validate parking.

CLE Credit Details

Program will satisfy 1.5 CA CLE credits pending approval by the State Bar of California.

This event has passed