Arent Fox
ATTORNEY BIO
Ross J Charap

Ross J Charap
November 11, 2011
  • Partner
  • New York, NY
212.457.5424
ross.charap@arentfox.com

Ross J. Charap’s practice focuses on the representation of songwriters and music publishers, playwrights and theatrical producers, and authors and visual artists in transactional, licensing, and litigation matters.

 

 

Client Work

With respect to transactions, Ross has helped his clients buy and sell more than $200 million dollars of music assets, performing due diligence, negotiating and drafting purchase agreements and auditing clients’ intellectual property rights. He has negotiated and drafted many important copyright license agreements with satellite and cable television networks, broadcasters, international corporations, professional sports teams, the Atlanta Olympic Organizing Committee and concert promoters. He is also well versed in the complex area of copyright terminations, working with creators and their heirs to recapture copyrighted works. Having spent the first 25 years of his career as in house counsel to the American Society of Composers, Authors and Publishers (ASCAP) , Ross now counsels clients on performing rights issues involving the three US performing rights organizations — ASCAP, BMI, and SESAC — and their sister organizations around the world.

In his litigation practice, he has prosecuted thousands of copyright infringement actions and handled numerous arbitrations. He also handles anti-piracy efforts for the National Music Publishers’ Association. Ross has also represented clients with respect to several high-profile intellectual property matters, including:

  • Members of The Allman Brothers Band litigation against UMG Recordings Inc. for failure to pay royalties at the correct rate for digital downloads and other digital exploitation of several classic Allman Brothers albums.
  • Music publisher Bourne Co. in a copyright infringement action against the creators of the Family Guy animated television program, arising out of the defendants’ unauthorized use of the classic song “When You Wish Upon A Star.”
  • Successfully defended Joe Simon, the creator of Captain America, the iconic comic book hero, in a Declaratory Judgment action brought by Marvel to deny Simon the opportunity to prove that he was not an employee for hire when he created Captain America.
  • Successfully defended Colgate-Palmolive against a copyright infringement action brought by arch rival Procter & Gamble involving the copyrightability of an experiment illustrating the effect of fluoride on tooth decay.
  • Obtained a preliminary injunction in a breach of contract action brought on behalf of Muze, an on line content provider to music, video, and book web sales sites, against Digital On Demand, a Muze licensee that had used Muze proprietary content to compete with Muze.

Previous Work

Prior to joining Arent Fox, Ross was a partner in the Copyright and Entertainment practice of a New York law firm.

Professional Activities

Ross’ professional affiliations include:

  • American Intellectual Property Law Association (former member of the board of directors; former chair, Copyright Law Committee)
  • American Bar Association (former Chair, Committee 306-Broadcasting, Sound Recordings and Performing Artists)
  • Copyright Society of the USA (member, former trustee, former officer)
     

Publications, Presentations and Recognitions

  • “Whose Right Is It Anyway? Captain America Smashes Through to Preserve an Author's Right to Terminate a Copyright...,” NYSBA Entertainment, Arts and Sports Law Journal; May 2003
  • “A Mid-Life Crisis? The Effect of Termination of Transfer of Copyright on the Music Industry,” St. John’s University School of Law Entertainment and Sports Law Society& Entertainment, Arts and Sports Law Section of the New York State Bar Association, October 2003
  • “Idea Submission,” Copyright Society of the USA, May 2004
  • “The Realities of Negotiating A Music Publishing Agreement,” Entertainment, Arts and Sports Law Section of the New York State Bar Association (Committee on Young Lawyers), December 2006
  • “Termination of Sound Recordings Created After January 1, 1978,” Entertainment Law Committee of the Bar Association of the City of New York, May 2010
  • New York “Super Lawyer” in Intellectual Property, 2008-2010
     

Bar and Court Admissions

  • New York Bar
  • Supreme Court of the United States
  • US District Court, Eastern District of New York
  • US District Court, Southern District of New York

Education

Cornell University Law School
, JD
Columbia University
, BA

Practices

  • Commercial Litigation
  • Intellectual Property

Industries

  • Media & Entertainment

Areas of Focus

  • Copyright
1050 Connecticut Avenue, NW
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Los Angeles, CA 90013-1065
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