FacultyFaculty/Author Profile
Brian G. Murphy

Brian G. Murphy

Frankfurt Kurnit Klein & Selz PC

New York, NY, USA


Brian G. Murphy is a partner in the Advertising and Marketing group at Frankfurt, Kurnit, Klein & Selz in New York.

Mr. Murphy counsels advertising agencies, advertisers, and entertainment companies as they develop and produce advertising, promotions and entertainment content across all media.

His practice focuses on copyright, trademark, right of publicity/right of privacy, false advertising, unfair competition, and defamation. Mr. Murphy negotiates and structures celebrity talent agreements, agency-client contracts, sponsorship arrangements, product integration deals, and music, film, and other content licenses. He assists clients in the development and execution of complex contests, sweepstakes, and charitable promotions and programs, including those involving user-generated content that are developed for social media, interactive, and mobile platforms. In addition, Mr. Murphy regularly advises clients on the development and production of branded entertainment projects, such as television shows, films, live events, electronic games, webisodes, mobisodes, and websites.

Mr. Murphy is a frequent and popular speaker on advertising, entertainment, and intellectual property issues. In the recent past, he has given presentations at the 2009 American Bar Association Annual Meeting ("Listen to the Sound of Music: Anatomy of a Copyright Infringement Lawsuit"), the New York City Bar Association’s Current Developments in Copyright Law Program ("The Wonderful World of User Generated Content"), the Significant Developments in Intellectual Property Law of Computers and Cyberspace at the University of Dayton School of Law ("Fair Use 2009: Should the Internet, Digital Media and User Generated Content Change Our Analysis?"), the Copyright Society ("Copyright, Lanham Act, Right of Publicity, and Contract Claims Arising from the Use of Music in Commercials"), the New York State Bar Association ("Keeping it Real: The Use of People, Places, and Things in Works of Entertainment"), the American Conference Institute’s (ACI) "Branded Integration Deals" conference ("Working with Talent and Talent Unions"), ACI’s 21st Corporate Counsel Forum on Advertising Law ("Leveraging Rights and Maximizing Bargaining Power When Negotiating the Agency/Client Agreement"), and New York Law School ("The Slinky Dress: Secondary Liability and the Future of Digital Innovation").

Mr. Murphy is an Adjunct Professor of Law at New York Law School where he teaches courses on entertainment and copyright law. Mr. Murphy previously taught at Fordham University Law School and has lectured at the Parsons School of Design. He is a member of the Copyright Society of the U.S.A.; the Entertainment, Arts & Sports Law Section of the New York State Bar Association; the Promotion Marketing Association; and the American Bar Association Intellectual Property Section’s Special Committee on Promotions and Marketing Law.

Mr. Murphy clerked for the Hon. Leonard B. Sand, United States District Judge in the Southern District of New York. He is admitted to practice in New York.

Brian G. Murphy is associated with the following items:
CHB Chapters  CHB Chapters National Advertising Division Abstract: Euro-Pro Operating, LLC, Case #5860 (July 6, 2015) - Advertising Law Institute 2016, Monday, October 24, 2016
National Advertising Division Abstract: T-Mobile USA, Inc., Case #5849 (May 29, 2015) - Advertising Law Institute 2016, Monday, October 24, 2016
Married to the Mob: Using Crowdsourced Data as Substantiation (PowerPoint slides) - Advertising Law Institute 2016, Monday, October 24, 2016
Web Segment  Web Segment Content Creep: Media Deals with Custom Content, Native Advertising and Other Value-Added - Advertising Law Institute 2017, Thursday, October 19, 2017
MP3 Audio  MP3 Audio Content Creep: Media Deals with Custom Content, Native Advertising and Other Value-Added - Content Creep: Media Deals with Custom Content, Native Advertising and Other Value-Added, Thursday, October 19, 2017
Transcripts  Transcripts Content Creep: Media Deals with Custom Content, Native Advertising and Other Value-Added - Content Creep: Media Deals with Custom Content, Native Advertising and Other Value-Added, Thursday, October 19, 2017
MP4 - Mobile Video Seg  MP4 - Mobile Video Seg Content Creep: Media Deals with Custom Content, Native Advertising and Other Value-Added - Content Creep: Media Deals with Custom Content, Native Advertising and Other Value-Added, Thursday, October 19, 2017
On-Demand Web Programs  On-Demand Web Programs Advertising Law Institute 2017, Friday, October 20, 2017, San Francisco, CA
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