Joshua Graubart - Romano Law

Joshua Graubart

Senior Copyright Counsel

JGG Color Interior Bio

Admitted

California (2016)

New York (2008)

New Jersey (2006)

Law School

Duke University School of Law

University

Queen Mary University of London, LL.M.

Duke University, M.A.

Dartmouth College, B.A.

 

Senior Copyright Counsel Joshua Graubart is a media and entertainment litigator and counselor whose practice focuses on copyright and cognate foreign rights, including author’s rights, neighboring rights, connected rights, related rights and moral rights.

Josh assists both rightsholders and content users in resolving intellectual property disputes.  Past matters include representing

  • three classes of independent songwriters and music publishers in multi-million dollar copyright infringement class action lawsuits
  • a British pop star in a copyright dispute involving photographs and NFTs
  • a Canadian record label resolving a licensing dispute with US rightsholders
  • a Japanese film production company in correcting false reports regarding copyright licensing
  • a major American hair care manufacturer in defending a class action lawsuit involving trade secrets and trademark rights

Josh also regularly works with artists and creators in resolving disputes with agents, managers and employers, including representing:

  • a Chinese photographer in litigation in New York and in proceedings before the California Labor Commissioner under the California Talent Agency Act
  • an established operatic and Broadway vocalist in a dispute with his longtime agents
  • a minor stage performer in resolving a dispute with a major Broadway production

On the transactional side, Josh advises a wide range of clients with copyright and other IP licensing, assignment and other transactions, with a special emphasis on cross-border matters.  Recently, he has advised

  • an American video streaming service licensing music in the U.S. and in foreign markets
  • American film producers seeking to license rights to a successful Japanese film
  • a Canadian online media production house protecting its copyrights in the US
  • a niche skin care enterprise on the intellectual property aspects of its acquisition by a British multinational consumer goods company

Josh also regularly counsels clients in the advertising and marketing industries.  For example, he has advised

  • a Fortune 500 biotechnology company negotiating new advertising and marketing agreements
  • a major European advertiser seeking the promotional services of a top American recording artist
  • a Fortune 500 pharmaceutical company in administering its catalogue of original music
  • an American fitness celebrity in negotiating a sponsorship agreement with a Fortune 500 retailer

Josh is quite active in copyright and IP organizations.  He is an officer of the New York chapter of the Copyright Society of the USA, and previously chaired the Information Technology and Cyberlaw Committee at the New York City Bar Association; he also served on the City Bar’s Intellectual Property Council.  He is active in the US chapter of the Association Littéraire et Artistique Internationale (ALAI), the leading international organization on cross-border copyright law, and on the boards of IAFAR Ltd. and IAFAR Education Ltd., British and American not-for-profit organizations aimed at advocating for and educating the music industry about neighboring rights, a subspecies of copyright benefiting primarily performing and recording artists and record labels.

Prior to joining Romano Law, he was of counsel to a boutique New York City law firm for more than a decade, before which he practiced commercial litigation with two international law firms in New York City.

When not thinking about copyright, Josh skis, kayaks and hikes in and around upstate New York, and dreams of Japanese hot springs.  He taught English for several years in northeastern Japan, undertook post-graduate work at American and British universities in Japanese legal history, clerked for two Japanese law firms in Tokyo while a law student, and is conversant in Japanese.

Blog Entries

  • Just Sue It! Nike Sues lululemon Over Patent Infringement

    Nike kicked off 2022 by filing a lawsuit against high-end fitness apparel seller lululemon over the technology underpinning lululemon’s electronic fitness trainer, the Mirror Home Gym.  Nike alleges that the Mirror Home Gym and its accompanying fitness app infringe on several of Nike’s patents used in their fitness equipment and apps. As noted previously on

  • Matrix 4 Production Company Resurrects Day-and-Date Release Controversy with Lawsuit Against Warner Brothers

    Scarlett Johansson’s lawsuit against Disney last year highlighted the implications of simultaneously releasing films on streaming services and in theaters.  Actors and production companies alike have suffered profit losses from such simultaneous release of movies, otherwise known as a “day-and-date release.” In response to Johansson’s lawsuit, Disney temporarily ceased simultaneous releases of its movies, giving

  • When Can You Legally Record a Conversation in California?

    Sometimes when parties have a dispute, one of them may seek to record the other person to obtain evidence relevant to the disagreement.  However, federal and state laws vary as to the legality of recording a person without their consent.  For instance, states like Florida are much more restrictive than New York and New Jersey.

  • Can You Legally Record a Conversation in New Jersey?

    New Jersey law regarding recording conversations is complex.  While you may be able to legally record a conversation in New Jersey for civil purposes, the rules for law enforcement are much stricter.  When parties are in different states, it gets even more confusing because you must consider other state and federal laws.  These can vary