areas of expertise
Mr. Murphy counsels advertising agencies, advertisers, and entertainment companies as they develop and produce advertising and entertainment properties across all media.
His practice focuses on copyright, trademark, right of publicity/right of privacy, false advertising, unfair competition, and defamation. Mr. Murphy negotiates and structures celebrity talent agreements, agency-client contracts, sponsorship arrangements, product integration deals, and music, film, and other content licenses. He assists clients in the development and execution of complex contests, sweepstakes, and charitable promotions and programs, including those involving user-generated content that are developed for social media, interactive, and mobile platforms. In addition, Mr. Murphy regularly advises clients on the development and production of branded entertainment projects, such as television shows, films, live events, electronic games, webisodes, mobisodes, and websites.
Mr. Murphy is a frequent and popular speaker on advertising, entertainment, and intellectual property issues. In the recent past, he has given presentations at the 2009 American Bar Association Annual Meeting ("Listen to the Sound of Music: Anatomy of a Copyright Infringement Lawsuit"), the New York City Bar Association’s Current Developments in Copyright Law Program ("The Wonderful World of User Generated Content"), the Significant Developments in Intellectual Property Law of Computers and Cyberspace at the University of Dayton School of Law ("Fair Use 2009: Should the Internet, Digital Media and User Generated Content Change Our Analysis?"), the Copyright Society ("Copyright, Lanham Act, Right of Publicity, and Contract Claims Arising from the Use of Music in Commercials"), the New York State Bar Association ("Keeping it Real: The Use of People, Places, and Things in Works of Entertainment"), the American Conference Institute’s (ACI) "Branded Integration Deals" conference ("Working with Talent and Talent Unions"), ACI’s 21st Corporate Counsel Forum on Advertising Law ("Leveraging Rights and Maximizing Bargaining Power When Negotiating the Agency/Client Agreement"), and New York Law School ("The Slinky Dress: Secondary Liability and the Future of Digital Innovation").
Mr. Murphy is an Adjunct Professor of Law at New York Law School where he teaches courses on entertainment and copyright law. Mr. Murphy previously taught at Fordham University Law School and has lectured at the Parsons School of Design. He is a member of the Copyright Society of the U.S.A.; the Entertainment, Arts & Sports Law Section of the New York State Bar Association; the Promotion Marketing Association; and the American Bar Association Intellectual Property Section’s Special Committee on Promotions and Marketing Law.
Mr. Murphy clerked for the Hon. Leonard B. Sand, United States District Judge in the Southern District of New York. He is admitted to practice in New York.
awards & recognition
2014 Super Lawyer for Media and Advertising, Intellectual Property, Entertainment & Sports in New York-area
Chambers USA American's Leading Lawyers for Business in Advertising Law
Legal 500 in Media, Technology & Telecom: Marketing & Advertising
The Best Lawyers in America.
University of Pennsylvania (BA, magna cum laude, Phi Beta Kappa, 1989)
New York University School of Law (JD, cum laude, 1992)
- Editor of the New York University Law Review.
Upcoming Speaking Engagements
Working Within the Shades of Gray: Frankfurt Kurnit’s Second Annual Advertising Law Summit
Legal questions confronting in house marketing lawyers rarely elicit simple "yes" or "no" answers. (If only they did!) More often than not — to the consternation of clients working on tight deadlines — the answer is "maybe" or "it depends" or "there's a risk." How do you help your marketing clients evaluate the risks and weigh them against potential rewards?
June 8 2017
Past Speaking Engagements
A Dozen Things You Need To Know About Advertising Law for 2017
Jeff Greenbaum and Brian Murphy from our New York office, and Daniel Goldberg from our new Los Angeles office, will lead a fun, fast-paced and informative discussion in which they discuss recent developments in advertising law at Shutters on the Beach in Santa Monica. For more information and to RSVP, click here.
February 21 2017
Married to the Mob: Crowdsourcing Substantiation.
Brian Murphy speaks at the BAA annual conference on NAD decisions and guidance from the FTC with regards to crowdsourced substatiation.
November 10 2016
BAA - ANA Marketing Law Conference
November 9 2016
PLI’s Advertising Law Institute 2016
October 19 2016
Brian Murphy at the 26th All Ohio Annual Institute on Intellectual Property
Brian Murphy serves as a faculty member and speaks at the 26th All Ohio Annual Institute on Intellectual Property (AOAIOIP).
September 21 2016
Change is Good (But Only If You Know About It) - What’s Ahead for Advertising Lawyers in 2016
Advertising law is changing all the time. There are changes from regulators, self-regulators and unions. Changes from social platforms and review sites. Changes from privacy and data security czars. Changes from courts and bar committees. To clear your campaigns with confidence, you need to stay ahead of the changes.
June 8 2016
Advertising in the Age of Social Media: Risks, Rewards and Staying Relevant
Social and digital marketing practices and tactics evolve at warp speed. If you have ever felt frustrated by the law's failure to keep pace ... then this is the seminar for you.
April 19 2016
LSI’s Technology Law Conference
December 14 2015
Brand Activation Association (BAA) 37th Annual Marketing Law Conference
Jeffrey A. Greenbaum, Rick Kurnit and Brian Murphy moderate panels at "Walking the Line: Between Innovation and Regulation". The annual BAA Marketing Law Conference takes place November 9-11 at the Downtown Chicago Marriott. For more information visit the event website here.
November 9 2015
Brian Murphy at the PLI’s Advertising Law Institute 2015
September 17 2015
The People Are Revolting: Advertising in the Age of Review Sites
Online reviews play a critical role in the marketing landscape, and good reviews can help ensure business success. At the same time, negative reviews can depress sales of an existing business, or kill a new venture in the cradle. Is it possible to fight back against bad reviews?
July 21 2015
The Legal Implications of Going Native: What You Need to Know
Brian G. Murphy presents "The Legal Implications of Going Native: What You Need to Know", a webinar sponsored by the Association of National Advertisers. Topics include native advertising and synthesizing relevant precedent and guidance from the FTC and the NAD. Register here.
May 11 2015
63rd Antitrust Spring Meeting
April 15 2015
2015 ANA Advertising Law & Public Policy Conference
Once again we sponsor the annual ANA Advertising Law & Public Policy Conference.
March 31 2015
LSI Technology Law Conference
Brian Murphy speaks on "Native Advertising: Legal, Regulatory and Business Developments as Media Business Models Change" at Law Seminars International's Technology Law Conference in Seattle.
December 9 2014
International Seminar on Advertising Law
December 4 2014
Legal Risks in Brand Social Media Activities on Pop Culture, Sports, Celebs & Current Events
Brian Murphy presents "Social Media and Intellectual Property: Legal Risks in Brand Social Media Activities on Pop Culture, Sports, Celebs & Current Events" at the 36th Annual BAA Marketing Law Conference in Chicago.
November 6 2014
Business Affairs Roundtable
Brian Murphy presents at the Business Affairs Roundtable hosted by the Extreme Reach Business Affairs team.
October 21 2014
PLI Advertising Law Institute 2014
Brian Murphy speaks on Social Media Infringement at PLI's Advertising Law Institute. The event takes place in Chicago on September 11th and San Francisco on October 10th.
October 10 2014
All Ohio Annual Institute on Intellectual Property
Brian Murphy presents "The People are Revolting: Brand Protection in the Age of Yelp and Other Websites That Give a Voice to Bitchers, Moaners and other Malcontents" at the 2014 AOAIOIP conference in Cincinnati.
September 17 2014
The Business Affairs Round Table
Brian Murphy leads a discussion on the legal and SAG-AFTRA issues around social media infringement for The Business Affairs Round Table in Chicago.
September 12 2014
“Native Advertising” - Legal, Regulatory and Business Developments
As media business models change and more brand messaging moves alongside - and into - editorial content, it is important for brand, agency, and publishing executives - and their lawyers - to understand the rules governing native advertising and other forms of sponsored content.
July 22 2014
24th Annual Program in Law and Technology
Brian Murphy speaks at the University of Dayton School of Law's "Program in Law and Technology" seminar on significant developments in cyberspace law.
June 6 2014
SHOOT’s Annual New Director’s Showcase
Brian Murphy speaks on advertising at the annual "SHOOT New Director's Showcase" in New York. Frankfurt Kurnit is a "Silver Sponsor" of the event.
May 22 2014
NYSBA EASL Spring Meeting
Brian Murphy speaks at the EASL Spring Meeting on Protecting and Enforcing Publicity Rights in Social Media.
May 21 2014
2014 Fashion Law Seminar
Brian Murphy speaks on a panel at the Fashion Law Seminar on Marketing and Advertising.
February 7 2014
Brian Murphy at the New York State Bar Association
Brian Murphy speaks on social media at the New York State Bar Association's Critical Issues Fresh Ideas Best Practices conference.
November 22 2013
ANA Advertising Law & Public Policy Conference
March 19 2013
Second International AMPPI Conference
Brian Murphy speaks at the Second International AMPPI Conference on the role of intellectual property and new technologies in social networks.
March 12 2013
Fair Use in the Age of Pinterest
Brian Murphy presents a CLE on fair use in a changing social media era at Frankfurt Kurnit.
December 6 2012
Advertising Law Institute in Chicago
September 24 2012
20th Annual Law Seminars International’s Conference
December 9 2011
The Rubber Meets the Road: Get Ahead of the Curve in Handling Emerging Marketing Techniques
Brian Murphy presents "The Rubber Meets the Road: Get Ahead of the Curve in Handling Emerging Marketing Techniques" at the Practicing Law Institute's Technology and Entertainment Convergence 2011: Hot Business and Legal Issues in "Technotainment" seminar.
September 9 2011
Do Cylons Have Rights?
Brian Murphy presents "Do Cylons Have Rights?": The Right of Publicity, the First Amendment, and the Digital World" at theUniversity of Dayton School of Law's 21st Annual Law & Technology Conference.
June 10 2011
The Celebrity Brand: Image and Publicity Rights
Brian Murphy presents "The Celebrity Brand: Image and Publicity Rights" at the INTA's 133rd Annual Meeting in San Francisco.
May 14 2011
Social Media Compliance for Businesses
February 15 2011
Social Media: Taking Advantage of Changing Opportunities While Recognizing and Minimizing the Risk
Brian Murphy presents "Social Media: Taking Advantage of Changing Opportunities While Recognizing and Minimizing the Risks" at the Law Seminars International 19th Annual Seattle Conference on Current Developments in Technology Law.
December 9 2010
Music Makes the People Come Together: The Anatomy of a Copyright Music Infringement Lawsuit
Brian Murphy presents "Music Makes the People Come Together: The Anatomy of a Copyright Music Infringement Lawsuit" at the Computer and Cyberspace Law Seminar at the University of Dayton Law School in Ohio.
June 11 2010
Society of Digital Agencies Global Member Meeting: Amsterdam
Brian Murphy presents on IP and on review sites at the Society of Digital Agencies (soDA) Global Member Meeting in Amsterdam.
news & press
Thirty-nine Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2016
Super Lawyers listed thirty-nine Frankfurt Kurnit attorneys in its 2016 edition.
The Best Lawyers in America 2017
In its 2017 edition, Best Lawyers "Best Law Firms" ranked Frankfurt Kurnit nationally in "Tier 1" in Advertising, Copyright, Entertainment - Motion Pictures and Television, and Trademark Law, "Tier 2" in Litigation - Intellectual Property, Media Law, and Trusts & Estates Law, and "Tier 3" in Commercial Litigation and Regulatory Enforcement Litigation.
Frankfurt Kurnit in The Legal 500 2016
The Legal 500, a London-based directory of leading lawyers, listed Frankfurt Kurnit for Media, Technology & Telecom work (Marketing and Advertising) in Tier 1 and Intellectual Property work (Copyright) in its 2016 edition.
Frankfurt Kurnit in Chambers 2016
For the twelfth consecutive year Chambers USA America's Leading Lawyers for Business recognized Frankfurt Kurnit. Chambers USA ranked us for our: Advertising: Transactional & Regulatory, Intellectual Property: Trade Mark & Copyright, Media & Entertainment: Entertainment Litigation, and Media & Entertainment: Film, Music, Television & Theater work.
Thirty-seven Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2015
Super Lawyers listed thirty-eight Frankfurt Kurnit attorneys in its 2015 edition.
The Best Lawyers in America 2016
Best Lawyers recognized our firm and 18 of our attorneys in their 2016 list.
Frankfurt Kurnit in Chambers 2015
For the eleventh consecutive year Chambers USA America's Leading Lawyers for Business recognized Frankfurt Kurnit.
Digital Advertisers Need to Consider Disclosures for ‘Ordinary Consumer,’ FTC Official Says
As Online Review Sites’ Influence Grows, So Too Does CDA §230’s Immunity Shield
Thirty-four Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2014
Super Lawyers listed thirty-five Frankfurt Kurnit attorneys in its 2014 edition.
Experts Reunite at the International Seminar on Right of Publicity
Get Ready for New Telemarketing Rules
Best Lawyers 2015
Best Lawyers recognized our firm and 17 of our attorneys in their 2015 list.
2014 Frankfurt Kurnit in The Legal 500
The Legal 500, a London-based directory of leading lawyers, recommended Frankfurt Kurnit for Media, Technology & Telecom work (Marketing and Advertising) and Intellectual Property work (Copyright) in its 2014 edition.
Frankfurt Kurnit in Chambers 2014
For the tenth consecutive year Chambers USA America's Leading Lawyers for Business recognized Frankfurt Kurnit.
SHOOT Directors/Producers Forum Provides Insights, Food For Thought
Ad-ID Deadline for SAG-AFTRA Commercials is April 1
As of April 1, 2014, all commercials produced under the SAG-AFTRA contract featuring SAG-AFTRA talent must incorporate the Ad-ID coding mechanism, developed by the American Association of Advertising Agencies and the Association of National Advertisers in 2003, for commercial tracking and calculating appropriate payments.
LET THE GAMES BEGIN - Last Minute Tips for Marketers to Avoid Running Afoul of Olympic Committees
Now that the "Big Game" is over, marketers are turning their attention to the upcoming Winter Games in Sochi, Russia. While it is tempting to comment on and associate with big worldwide events as they are happening, bear in mind that there are rights holders that enforce and protect their rights to these events.
Highlights from FTC’s Native Advertising Workshop: More Questions Than Answers?
The Federal Trade Commission (the "FTC") hosted its much-anticipated workshop, "Blurred Lines: Advertising or Content?", in Washington, DC. The workshop facilitated a discussion among major industry stakeholders on the practice of "native advertising" in order to help the FTC determine whether additional regulatory guidance is needed.
Frankfurt Kurnit in “Best Lawyers 2014”
In its 2014 edition Best Lawyers ranked Frankfurt Kurnit in "Tier 1" in Advertising, Copyright, Entertainment, Trademark, and Trust & Estates Law, "Tier 2" in Litigation (IP) and Media Law, and "Tier 3" in Commercial Litigation and Regulatory Enforcement Litigation.
Thirty-two Frankfurt Kurnit Attorneys Named “Super Lawyers” for 2013
JPC and SAG-AFTRA Tentative Deal Terms
The Joint Policy Committee and SAG-AFTRA reached a tentative deal on a new Commercials Contract. If approved, the deal will then be presented to SAG-AFTRA's full membership for ratification.
Steps To Consider As SAG-AFTRA Contract Expiration Nears
As we enter the new year, agencies and brands have no doubt heard lots of talk about the impending March 31, 2013 expiration of the SAG commercials contract, AFTRA commercials contract and AFTRA radio contract, and the potential for a strike. What are the implications of this deadline, and what can advertisers do now to prepare?
Twenty-four Frankfurt Kurnit Attorneys Named 2012 NY-Area “Super Lawyers”
Super Lawyers listed twenty-four Frankfurt Kurnit attorneys in its 2012 edition.
Eighteen Frankfurt Kurnit Attorneys Named 2011 New York-Area “Super Lawyers”
Super Lawyers named eighteen Frankfurt Kurnit attorneys in its 2011 edition.
Blogger Could Not Be Sued By Competitor for Anonymous User Posts
New York's highest court has held that a plaintiff’s claim against a blog operator arising out of allegedly defamatory comments posted to the blog was barred by the "Communications Decency Act". This is the first time the New York Court of Appeals has ruled on a CDA defense.
Frankfurt Kurnit in Chambers USA: America’s Leading Lawyers For Business 2011
For the seventh consecutive year Chambers USA America's Leading Lawyers for Business recognized Frankfurt Kurnit.
Data security breaches are in the news, and companies that experience them are suffering loss of consumer confidence. If your business model requires you to collect personal consumer data, you may want to hear about a recent federal case that makes it much easier for consumers to sue companies for data security breaches.
Follow Us (to Learn About Twitter/Facebook Changes)
Last week, Facebook published a revised version of its "Promotions Guidelines" and Twitter updated its guidelines for use of the Twitter name, trademarks and logos.
Brian Murphy Featured in The Patent and Trademark Copyright Journal
The Patent and Trademark Copyright Journal published Brian Murphy's presentation on fair use and social media issues at 20th All Ohio Annual Institute On Intellectual Property.