Andrew Berger has extensive experience in intellectual property litigation, licensing and commercial litigation. His clients include publishers, content creators, illustrators, filmmakers, including a 2010 Academy Award winner, advertising agencies, software developers and new media companies. He helps his clients enforce their rights when others have infringed his clients' intellectual property without permission. Andrew also assists his clients to monetize their intellectual property through licensing, joint ventures, sales and related transactions.

Further, Andrew he has extensive commercial trial experience. His clients in complex commercial litigation have included a Latin American government, the Women's Professional Tennis Association and a Channel Islands investment company. Andrew has also been teaching trial practice at Hofstra Law School for the past 15 years.

Andrew is a graduate of Cornell University and Cornell Law School and is the past president of the Cornell Law Association, the alumni body representing the 9,000 graduates of that school.

Andrew was recently elected as a Trustee and a member of the Executive Committee of the Copyright Society of the U.S.A. Andrew serves as a co-chair of the Copyright Subcommittee of the IP Litigation Committee of the Litigation Section of the ABA. He is also a member of the Federal Courts Committee of the New York City Bar having completed a three-year term on the Copyright Committee. Andrew frequently writes and speaks about intellectual property topics before bar and other industry groups, including the Copyright Society of the U.S.A. , the PLI  Advanced Program on Copyright Law, the Cornell Entrepreneur Network and the American Conference Institute and over the past few months has been quoted in the Wall Street Journal and the National Law Journal about IP issues. The October 2010 issue of Avenue Magazine listed Andrew as one of New York's top litigators. His published articles may be found here. Andrew also serves a mediator in the federal and state courts.

He is also the author of an intellectual property blog called IP In Brief at http://www.ipinbrief.com/

Publications:

• What Are the Constitutional Limits on Awards of Statutory Damages, Spring 2011 Edition of the IP and Entertainment Law Ledger published by NYU School of Law

• Can We Keep Those Gray Market Goods Out of Here? The Unresolved Tension Between §§  109 and 602 of the Copyright Act Following the 4-4 Split in Costco v. Omega Reprinted from 81 BNA Patent, Trademark & Copyrigth Journal #2010, 4/8/11.

• Don’t Despair: Even Without a Presumption of Irreparable Harm IP Plaintiffs Are Still Likely to Win a Preliminary Injunction After Establishing a Likelihood of Success on the Merits, Reprinted from 80 BNA Patent, Trademark & Copyright Journal  # 1974, 7/16/10

• New Uses of Old Works: May a Licensee Exploit Previously Licensed Content Without the Consent of the Copyright Owner? Reprinted from 79 BNA Patent, Trademark & Copyright Journal 607, 3/19/10

• “Statutory Damages in Copyright Litigation,”  reprinted from 81 NYSBA Journal 30 November/December, 2009

• “Is This Legal Alchemy? When a Copy of Another’s Work May Become Transformative for Fair Use Purposes,”  reprinted from 79 BNA Patent, Trademark & Copyright Journal 334 January 22, 2010

• "Statutory Damages in Copyright Litigation: Clearing Up Some Common Misunderstandings,"reprinted from BNA's Patent, Trademark & Copyright Journal, 78 PTCJ 391, July 24, 2009.

• "Copyright Essentials: How to Protect Your Copyrighted Works in an Internet Age,"Seminar outline for Hudson Valley Bank and CUNY Law School, October 23, 2008.

• Avoiding Copyright and Trademark Problems,
  
  
• How to Create Parodies that Satisfy Fair Use Standards,
  
  
• The Benefits of Registration,
  
  
• The Law of Substantial Similarity,
  
  
• The Right of Publicity,
  
  
• Tips You Can Use to Protect Your Copyrights 

Presentations: 

• “Hey That Looks Like Mine: When Is Appropriation Art Infringing,” presented to the 2009 National Conference of the Appraisers Association of America on November 8, 2009.

• Contracts from Heaven or Hell-You Choose;presented at the annual meeting of the Association of Medical Illustrators in Bozeman, Montana, July 2007
  

• Rights of Photographers and Visual Artists; presented at an Advanced Seminar on Copyright Law sponsored by Practicing Law Institute, May 2007

• T he Nuts and Bolts of Protecting Your Copyrights; presented at a seminar sponsored by the National Constitution Center, May 2007

• What Litigators Need to Know to Protect Clients in the Internet Age, sponsored by the ABA Litigation Section February 2007
• So Soon After Tasini Another Supreme Court Battle May Loom Over the Reproduction of Freelance Contributions in Electronic Databases; presented at the Copyright Society, 2005

• Copyright Basics; presented to the Annual Meeting of the Association of Medical Illustrators, Los Angeles, 2005

• Protecting Yourself from Copyright Problems; presented to the American Society of Media Photographers, 2004

• Licensing Issues in Copyright; presented at an Editorial Photographers Outreach Program in New York, 2003

• State Civil Procedure Rules Relevant to Federal Court Practice; presented on behalf of the Federal Bar Council to law clerks in the Second Circuit, 2003

• Protecting Your Web Site from Copyright and Trademark Issues;  presented at a Design Management Conference, Montreal, Canada, 2000

Significant Matters:

Ward v. Natl. Geographic Society, 208 F. Supp. 2d 429 (S.D.N.Y. 2002); Faulkner v. Natl. Geographic Society, 294 F.Supp. 2d 523 (S.D.N.Y. 2003); Faulkner v. Natl. Geographic Society, 409 F.3d 26 (2d Cir.), cert den. 126 S.Ct. 833 (2005). These cases involve a CD-ROM product called the Complete National Geographic.

Merana v. Prudential Bache, as reported in Cresswell v. Sullivan & Cromwell, 704 F. Supp. 392, 408 (S.D.N.Y. 1989). This was a commodities fraud action against Bache in which the district court disclosed that our client had settled for 93.99% of its losses.