Cydney A. Tune
Counsel
cydney.tune@pillsburylaw.com
Ms. Tune is Counsel at Pillsbury’s San Francisco office, and leads the firm's Copyrights practice and Media & Entertainment industry teams. Her practice includes a wide variety of intellectual property issues, including copyrights and trademarks, as well as a broad array of entertainment, licensing and E-Commerce matters. She represents a variety of clients - large and small, domestic and foreign, and in many different industries. Most recently, Ms. Tune was named one of 2008's Top 10 Copyright Lawyers in California by The Daily Journal.
Entertainment: Ms. Tune represents a variety of clients in connection with music, video, multi-media and other entertainment projects. Her practice includes music matters, such as music licensing and digital music issues. In transactions, she handles an array of matters, including publishing agreements, video licenses, production agreements, speaker releases, permissions agreements, artwork purchase agreements, performer clearances and rights of publicity and privacy. Ms. Tune also has extensive experience enforcing rights in entertainment-related intellectual property.
Copyrights: Ms. Tune’s practice includes the full range of copyright protection, including counseling, strategic planning, clearances, prosecution, and extensive policing and enforcement both in the United States and abroad. Ms. Tune also handles transactions involving copyright issues, including copyright license and transfer due diligence as well as assignments and licenses. She represents rights owners and accused infringers in copyright and related disputes.
Trademarks: As with copyrights, Ms. Tune’s trademark practice includes the full range of trademark protection, including counseling, strategic planning, clearances, domestic and foreign prosecution and policing. Her practice also includes litigation before the Trademark Trial and Appeal Board. She also advises on trademark aspects of business transactions, such as secured transactions, bankruptcy, asset purchases and initial public offerings.
Licensing: Ms. Tune represents clients in connection with licensing, including content licensing of all types. In addition to copyright and trademark licenses, her experience includes licenses for music, video, film, television, multi-media, and merchandise. She also handles software and other technology licensing for diverse clients including companies in the fields of software, information technology equipment, telecommunications, digital media and service providers. Ms. Tune also advises clients in connection with existing licenses, handles licensing due diligence, and assists clients with enforcement issues pertaining to licenses.
Publishing: Ms. Tune has extensive experience with publishing issues including their connection with books, magazines and other periodicals. She has handled publishing transactions as well as those involving claims of rights made against publishers. Her experience in this area also includes First Amendment law in connection with the convergence of copyright law and First Amendment law, generally arising out of fair use issues.
Internet/E-Commerce: In the area of electronic commerce, Ms. Tune provides advice to Internet companies and other companies that conduct business online, on a wide array of issues, including development, cross-promotions, co-branding and other transactions. She represents clients on issues arising out of the Digital Millennium Copyright Act, including anti-circumvention issues. She also handles online publishing agreements, digital music issues and licensing, content licenses and online advertising issues.
Litigation: Ms. Tune handles enforcement matters involving intellectual property of all types. She is involved in copyright and other related litigation, providing intellectual property knowledge. Ms. Tune also has extensive experience in complex litigation including cases involving unfair competition, unfair business practices, product liability, franchise terminations, breach of contract, antitrust, a wide variety of business torts, securities, class actions and multi-district litigation.
Education
J.D., University of California, Hastings College of the Law, 1981 Order of the Coif, Thurston Society (top 5% of class)
B.A., University of Denver, 1978 Phi Beta Kappa
Admissions
State of California
Affiliations
- IP Section Executive Committee and Co-Chair, Copyright Committee, State Bar of California
- Governing Committee and Division Chair (Merchandising and Licensing), The ABA Forum on the Entertainment and Sports Industries
- Editorial Board, International Entertainment Law Journal
- Advisory Board, Copyright World
- Advisory Board, Internet Law & Strategy
- International Trademark Association
- Executive Committee and Northern California Chapter Chair, Emeritus, Copyright Society of the U.S.A.
Representative Speaking Engagements and Presentations
- Copyright and the Internet, Understanding Basic Copyright Law 2008, PLI; San Francisco, CA, 14-Jul-2008
- Fan Websites: The Good, The Bad and The Really Ugly, Moderator, Intellectual Property in Entertainment & Media, State Bar of CA - Intellectual Property Law Section, Beverly Hills, CA, June 25, 2008
- Exploiting New Media Revenues: Show Me the Money, Speaker, The 23rd Annual Intellectual Property Law Conference, ABA - Intellectual Property Law Section, April 11, 2008
- The Newest Forms of Communication: Social Networks and Blogs, Speaker, New Directions: Social Networks, Blogs, Privacy, Mash-Ups, Virtual Worlds and Open Source, Information Technology Law Institute 2008, March 24, 2008
- Hot Topics in Music & Technology Law, Speaker, The SanFran MusicTech Summit & The ABA Forum on the Entertainment and Sports Industries, February 25, 2008
- Understanding the Intellectual Property License 2007, Speaker, Practising Law Institute Conference, December 10, 2007
- Technology and Entertainment Convergence 2007: Business and Legal Issues for the Next Stage of "Technotainment", Program Chair, Practising Law Institute, September 10, 2007
- Licensing: Show Me The Money!, Panel Moderator and Speaker, South by Southwest Conference, March 17, 2007
- Understanding the Intellectual Property License 2006, Presenter, Practising Law Institute Conference, December 11, 2006
- Nuts and Bolts of Copyright Law - Understanding copyright law, licensing and enforcement, Panel Speaker, California State Bar IP Institute, November 2, 2006
- Webisodes and Ringtones and Downloads Oh My: The New World of Merchandise and Licensing, Moderator, Annual Meeting of the ABA Forum on the Entertainment and Sports Industries, October 13, 2006
- Convergence - The Future of Entertainment and Technology, Moderator, ABA Forum on the Sports Industries and Pillsbury Panel Discussion, September 14, 2006
- Enforcing Copyrights, Speaker, Understanding Basic Copyright Law 2006, Practising Law Institute Conference, July 17, 2006
- Proprietary & Open Source Software - Making an Informed Decision, Panelist, Cornerstone of Trust 2006 Conference, June 8, 2006
- Intellectual Property Issues for Film and Video Makers, Speaker, 2006 San Francisco Film & Video Makers Conference, May 5, 2006
- Alternative Distribution Channels for Film and Video Makers, Moderator, 2006 San Francisco Film & Video Makers Conference, May 5, 2006
- Trademark and Copyright Licensing; Speaker, Understanding the Intellectual Property License 2005, Practising Law Institute, December 12, 2005
- You Know Your Rights!; Panel Member, ROCKRGRL Music Conference 2005, November 12, 2005
- Use and Abuse of Archival Music Performances; The Copyright Society of the USA, Northern California Chapter, October 26, 2005
- Overview of Basic Principles of Copyright Law and Copyright Office Practice; Speaker, Understanding Basic Copyright Law Program, Practising Law Institute; July 18, 2005; July 19, 2004
- Basic Trademark Principles: Creating and Protecting Your Brand; Speaker; Women’s Technology Cluster; February 25, 2004
- How Will The Show Go On? Entertainment, Arts and Sports Law in the New Economy; Moderator; program sponsored by the ABA’s Intellectual Property Section; September 23, 2003
- Ronn Owens Radio Show; Guest; broadcast on KGO Radio and nationwide internet radio; discussed RIAA recent wave of lawsuits against music file sharers and relevant copyright issues; September 11, 2003
- Entertainment and Digital Content; Panelist; Boalt Hall, Entertainment Law; sponsored by the Berkeley Center for Law and Technology; June 3, 2003
- Tune In: Music Licensing from the Basics to the Outer Limits; Speaker; South by Southwest Annual Music Industry Meeting; March 14, 2003
- Music on the Web; 2002 Law Education Institute National CLE Program; Steamboat Springs, Colorado; January 2002
Notable Press Mentions
COMMUNICATIONS DAILY – “Mass Media Notes”, 14-Apr-2008
Daily Journal, “Top 10 Attorneys in the Area of Copyrights,” Top IP Practitioner List for 2008, California, April 2008
Journal of International Media and Entertainment Law, Appointed to the Editorial Board, April 2008
ZDNet, “Web ad blocking may not be (entirely) legal”, 14-Sep-2007
CNN Money, “Internet radio gets a reprieve”, 17-Jul-2007
California Lawyer, "Hot Practices", July 2007
WTOP-AM Washington, DC, "Looking at the Law", 29-Apr-2007
Daily Journal, “Attorney Has Ear for Musical Pro Bono Work”, 29-Dec-2006
Daily Journal, “Thorough Exit Interviews Save Intellectual Property”, 27-Dec-2006
Daily Journal, "Blogger Sees Irony of Earning An IP Warning From YouTube", 16-Nov-2006
Daily Journal, "Copyright Office Ruling on Ringtones Gives Songwriters Static", 13-Nov-2006
Law.com, “Taking Stock of ‘Grokster’”, 29-Aug-2005
San Jose Mercury News, “Google Deadline on Book Scanning Stuns Publishers”,
13-Aug-2005
San Francisco Daily Journal, “Future of File-Sharing Looks Grim”, 29-Jun-2005
San Diego Daily Transcript, “Lawyers Consider Alternatives to Suing Copyright Abusers”, 02-May-2005
InformationWeek, “The Weblog Question”, 31-Jan-2005
Los Angeles Times, “Supreme Court to Hear File-Sharing Dispute”, 11-Dec-2004
Daily Journal Extra, “Cover Story: Courtroom Contestants”, 12-Jul-2004
PC Magazine, “The Changing Face of Online Music”, 24-Sep-2003
SF Chronicle, "Mass-Lawsuit Tactic Aimed at the Public”, 09-Sep-2003
Firm Publications
Court Extends Publishers’ Rights to Freelance Works to CD-ROMs of Back Issues, Unless…, 04-Aug-2008
House Passes Bill Designed to Enhance Intellectual Property Enforcement, 21-May-2008
Congress Considers New Bill Seeking Performance Royalties for Performing Artists and Record Labels, 21-Dec-2007
Webcaster Royalties Update: Discount Offer for Small Webcasters, Fee Caps for the Largest, 28-Aug-2007
Royalty Uncertainty: How Should Webcasters Proceed?, 26-Jul-2007
Webcasting Royalties Update: Temporary Relief for Public Broadcasters, 25-Jul-2007
Webcaster Music Royalty Rates—in Flux and on the Rise, 15-Jun-2007
Internet Radio Royalty Costs to Increase Significantly, 07-Mar-2007
Music Licensing for Broadcast Commercials, January 2007
Corporate Officer Held Personally Liable for IP Infringement by His Company, 16-Jan-2007
Licensing and Royalty Basics for “Broadcasting” Music over the Internet, December 2006
Copyright Royalty Board Issues Delivery and Reporting Requirements for Digital Audio Services, 09-Nov-2006
More Ringtones to Choose Among: New Copyright Office Decision Simplifies Acquisitions with Compulsory Licensing, 23-Oct-2006
Supreme Court Rules that File Sharing Services May be Liable for Inducing Copyright Infringement, 30-Jun-2005
Claims of Copyright Infringement and the DMCA: Heeding the Lesson of Diebold, 12-May-2005
Stare Decisis for Copyright Terms: The Sonny Bono Copyright Term Extension Act Survives the Constitutional Challenge of Eldred v. Ashcroft, February 24, 2003
Bulletin 02-09, Supreme Court to Hear Challenge to Copyright Term Extension Act of 1998, March 29, 2002
External Publications
Lawyers on Demand for High-Tech TV, San Francisco Daily Journal, Los Angeles Daily Journal, 11-Jan-2006
“Add on” technology no go for online gaming, Copyright World, Co-Authored by Ryan Hatch, November 2005
The Grokster Decision, Law Journal Newsletters - Internet Law & Strategy®
, Volume 3, Number 8A, August / September 2005
A Delicate Balance: Copyright Protection Versus Public Access, Copyright World, #150, Co-Authored by Carolina A. Fornos, 01-May-2005
Entertainment Law Ethics - How the Internet has Changed the Landscape, Entertainment and Sports Lawyer, Vol. 23, No. 1, Spring 2005
Key Considerations for Potential Licensees and Licensors of Music, Entertainment and Sports Lawyer, Vol. 21, No. 4, 01-Jul-2004
Music Licensing - from the Basics to the Outer Limits, Licensing Music on the Internet, Entertainment and Sports Lawyer, Vol. 22, No. 2, Summer 2004
The Myriad World of Music Licenses, Entertainment and Sports Lawyer, Vol. 22, No.1, 01-Jul-2004
Share and Share Alike, Legal Week Global, 01-Oct-2003
The Transformation of Fair Use, Daily Journal, 24-Sep-2003
Mass Lawsuit Tactic Aimed at the Public; Avoiding a Lawsuit, San Francisco Chronicle, 09-Sep-2003
Music Licensing-from the Basics to the Outer Limits, Entertainment and Sports Lawyer, Vol. 21, No. 3, 01-Jul-2003
Coalition of Music and Internet Group Aims to Break Ground, Daily Journal, 10-Feb-2003
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