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Phillip Hill

Of Counsel

New York +1 212 841 1033

  • About
  • Representative Matters
  • Credentials
  • About

    Phillip Hill focuses on complex copyright matters with an emphasis on music, film/TV, video games, sports, theatre, and technology.

    Phillip’s global practice includes all aspects of copyright and the DMCA, as well as trademark and right of publicity law, and encompasses the full spectrum of litigation, transactions, counseling, legislation, and regulation. He regularly represents clients in federal and state court, as well as before the U.S. Copyright Royalty Board, Copyright Office, Patent & Trademark Office, and Trademark Trial & Appeal Board.

    Through his work at the firm and prior industry and in-house experience, Phillip has developed a deep understanding of his clients’ industries and regularly advises on cutting-edge topics like generative artificial intelligence, the metaverse, and NFTs. Phillip has been recognized as one of Billboard as a Top Music Lawyers.

    In addition to his full-time legal practice, Phillip serves as Chair of the ABA Music and Performing Arts Committee, frequently speaks on emerging trends, is active in educational efforts, and publishes regularly.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters
    • Represented music streaming service in successfully opposing a petition for pre-litigation discovery filed by Aubrey “Drake” Graham.
    • Represented a music company in one of the largest music catalog deals in the music industry.
    • Represented all major record labels and music publishers in high-stakes copyright litigation against ISPs Charter Communications and Bright House Networks.
    • Representation of Banco Santander in negotiation of comprehensive agreement with the owners of the Gelman Collection, which includes eighteen works by Frida Kahlo and more than 140 additional works by significant Mexican artists such as Diego Rivera, María Izquierdo, Rufino Tamayo, José Clemente Orozco, and David Alfaro Siqueiros, as well as an important selection of Mexican photography. The agreement grants Banco Santander the right to manage and exhibit the Gelman Collection worldwide for up to ten years. For the duration of the agreement, the collection will be renamed the “Gelman Santander Collection.
    • Representation of Public Broadcasting Service and its member stations in cable distribution proceedings before the Copyright Royalty Board.
    • Represented the family of Bing Crosby in selling a fifty percent stake in Mr. Crosby’s music, film, and TV rights, as well as a stake in his name, likeness and publicity rights, to Primary Wave.
    • Advised Blackstone in its acquisition of SESAC Holdings, a leading music rights organization, from Rizvi Traverse Management.
    • Represented leading online music service in music streaming, mechanical licensing, and pre-1972 sound recording copyright lawsuits, and in mechanical rate-setting proceedings before the Copyright Royalty Board.
    • Won dismissal for Sony Music Entertainment, in joint alignment with composer Philip Glass, in a royalty case brought by Glass’s former business partner and producer. Munkacsi v. Glass & Sony Music Entertainment, Index No. 654299/2020 (N.Y. Sup. Dec. 19, 2022), ECF No. 28.
    • Advised TIDAL, and its parent Block, in the acquisition of HIFI, a music royalty acceleration, distribution and analysis platform, in particular with respect to IP, data rights, technology and regulatory considerations.
    • Advised Image-Line Software, developer of FruityLoops n/k/a FL Studio and a global leader in digital audio workstations and audio plugins, in connection with sample library and VST plug-in acquisitions.
    • Represented Art Institute of Chicago, J. Paul Getty Trust, Los Angeles County Museum of Art, Metropolitan Museum of Art, New York Museum of Modern Art, Nelson-Atkins Museum of Art, San Francisco Museum of Modern Art, Solomon R. Guggenheim Foundation, Whitney Museum of American Art, and the Association of Art Museum Directors as Supreme Court amici curiae in support of neither party in The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith.
    • Represented Microsoft in defense of mechanical rights infringement claims.
    • Won judgment after trial in Chinese copyright litigation on behalf of iconic guitar pedal and audio electronics manufacturer Electro-Harmonix in its lawsuit against a Chinese guitar pedal manufacturer and an international distributor. Secured damages, injunctions, fees, and costs for infringement of guitar pedal signal processing code. New Sensor Corp. d/b/a Electro-Harmonix v. Shenzhen Mooer Instruments & Warwick Music Instrument Trading (Shanghai) Co., (2016) Yue 03 Min Chu No. 2445.
    • Won motion to dismiss and affirmance on appeal in precedent-setting copyright litigation concerning Nike’s famous “Jumpman” logo. Rentmeester v. Nike, Inc. (D. Or., 9th Cir., S. Ct.).

    • Advised J.K. Rowling in copyright, trademark, and cyber law matters regarding the Harry Potter series and related properties.
    • Advised various trade associations in connection with Copyright Office proceedings, including triennial DMCA Section 1201 anti-circumvention exemption proceedings and responses to notices of proposed rulemakings.
    • Defended 8 Legged Productions, producer of the Broadway musical Spider-Man: Turn Off the Dark against copyright infringement, breach of contract, and related claims brought by the show’s former director and co-book writer, Julie Taymor. Julie Taymor, et al. v. 8 Legged Productions, LLC, et al. (S.D.N.Y.).
    • Represented Gold and Silver Age comic creator Al Plastino in action to recover original Superman artwork, which was successfully restored to the John F. Kennedy Presidential Library & Museum. In re Plastino (N.Y. Sup.).
    • Advising clients on metaverse development and implementation, clearance, and brand/content integration.
    • Advising clients on NFT initiatives and partnerships.
    • Advising various technology companies on issues relating to artificial intelligence and machine learning.
    • Advised NYC Pride on historic inaugural broadcast of annual NYC Pride March.
    • Advised leading telecommunication service provider on revisions to company-wide DMCA policies.
    • Advised leading private equity firms, sports leagues and teams, computer companies, music venues, video game producers, live event producers, television production companies, performers, property managers, and consumer products companies on issues related to music.
    • Won motion to dismiss for Tripadvisor and Viator in antitrust, trademark brought by guided tour operator.
    • Defended AT&T in trademark infringement lawsuit brought by Citigroup related to loyalty program. After defeating a motion for preliminary injunction, Citigroup voluntarily dismissed its complaint with prejudice. Citigroup Inc. v. AT&T Servs. Inc., et al. (S.D.N.Y.).
    • Represented NYC Pride, the non-profit organization that produces New York City’s annual slate of official LGBT pride events, in trademark and unfair competition litigation regarding NYC PRIDE mark. Argued and won preliminary injunction. Heritage of Pride, Inc. v. Matinee NYC Inc., et al. (S.D.N.Y.).
    • Defended LifeProof, maker of protective cases for electronic devices, in trademark litigation regarding LIFEPROOF mark. Won preliminary injunction, two summary judgment motions, and appeal to the 9th Circuit. TreeFrog Developments, Inc. v. Seal Shield, LLC, et al. (S.D. Cal., 9th Cir.).
    • Represented the Travelers Indemnity Company in litigation alleging that defendants’ use of umbrella logos in connection with insurance and financial services infringed and diluted Travelers’ famous red umbrella trademarks. The Travelers Co. v. Legal & General Group Plc, et al. (D. Conn.).
    • Defended leading consumer electronics and technology company in opposition proceedings, including victory after trial at the Trademark Trial and Appeal Board and successful defense on appeal to the Eastern District of Virginia.
    • Defended Virgin Cruises in trade secret and idea misappropriation lawsuit seeking damages of $300 million. After completion of discovery and filing of summary judgment briefs, case settled on confidential terms. Veitch et al. v. Virgin Management USA, Inc. (S.D. Fla.).
    • Represented TriZetto and Cognizant Technology Solutions Corp. in federal and state trade secret, unfair competition, breach of contract, and copyright litigation concerning healthcare software and related software consulting services. Won precedent-setting decisions under Defend Trade Secrets Act; jury verdict of $248 million in damages and $569.7 million in punitive damages. Syntel Sterling Best Shores Mauritius Ltd. v. TriZetto Grp., Inc. (S.D.N.Y.)
    • Represented aviation investment manager Apollo Aviation Group in a lawsuit against 100x involving copyright, Computer Fraud and Abuse Act, unfair competition, and federal and state trade secret misappropriation claims. Apollo Aviation Group, LLC et al. v. 100x, Inc. et al. (S.D. Fla.).

    Areas of Expertise

  • Credentials
    Education
    • Harvard Law School, J.D.
        • cum laude
        • Berkman Center for Internet and Society, Student Fellow
        • Recording Artists Project, Director
        • Dean's Scholar - Copyright
        • Dean's Scholar - Music & Digital Media
        • Dean's Scholar - Legislation & Regulation
        • Dean's Scholar - Evidence
        • Dean's Scholar - Patent
        • Summer Academic Writing Fellow (2011)
        • Board of Student Advisors
        • Submissions Manager, Article Director, Harvard Journal of Law & Technology
        • Committee on Sports & Entertainment Law, Entertainment Chair
        • Teaching fellow for Profs. Hanson, Fisher and Nesson
    • The University of Texas at Austin, B.A.
        • Honors and High Honors
        • Music & Plan II Liberal Arts
        • Lee & Joe Jamail Endowed Presidential Scholar
        • August Kunz Academic Scholar
        • George H. Mitchell Undergraduate Research Award for Demystifying Studio Magic
    Bar Admissions
    • New York
    Accolades
    Memberships and Affiliations
    • American Bar Association, Intellectual Property Law Section
      • Chair, Music and Performing Arts Committee
      • Copyright Litigation Committee (former Co-Chair, Vice Chair, and Chair of Music Subcommittee)
    Previous Experience
    • National Football League, Legal Extern
    • Legal Economics LLC, Researcher
    • Marvel Entertainment, Summer Associate
    • Axcess Broadcast Services, Vice President of Production 
    • Patriot Recording Studio, House Engineer
    • Premium Recording Service, House Engineer
    • Texas Treefort Recording Studio, House Engineer

    Areas of Expertise

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