Toby M.J. Butterfield

Toby M.J. Butterfield

Partner

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T212-554-7860

F212-377-6040

Toby M.J. Butterfield is a partner in Moses & Singer's Intellectual Property and Litigation groups.

Mr. Butterfield has 25 years of experience litigating and counseling on copyright, trademark, defamation, software and digital media, and commercial matters. His clients include media and entertainment companies, motion picture and theater producers, major brand owners, technology companies and designers of luxury goods. His recent work includes successfully representing an "over the top" TV broadcaster in a distribution dispute with numerous Russian broadcasters; successful defense of a well-known theater production in a jury trial concerning music royalty payments; representation of a regional on-line pharmacy in cases concerning false advertising, trademark, fraud and RICO claims; defending book publishers in copyright litigations; and obtaining a fair use dismissal of copyright infringement claims against theater producers concerning a parody play. He has successfully dismissed claims against film producers and distributors, theater producers, technology and software companies, and has obtained injunctions and seizure orders for magazine publishers and a well-known producer of children's TV programming. He regularly counsels IP owners and performs pre-publication and pre-broadcast review of content for publishers of books, motion pictures, newspapers and magazines.

Mr. Butterfield writes and speaks frequently for bar associations and industry organizations. He is an adjunct professor at Columbia Law School, where he has conducted a seminar on Social Media Law and Regulation since 2014. He co-chaired the Entertainment Business Law Seminar at NYU during the annual CMJ Music Festival. He has lectured at AIPLA's annual national conference and to PLI on copyright fair use, and authored the first chapter of Counseling Content Providers in the Digital Age on defamation for the New York State Bar Association. He has published articles written for the Copyright Society of the USA, ABA's Landslide magazine, Media Law Resource Center and other bar associations and publications regularly on Fair Use, Copyright Termination, the Digital Millennium Copyright Act and other hot topics. He has lectured at legal and television industry conferences all over the world and taught Media and Entertainment Law at Cardozo Law School. Mr. Butterfield currently co-chairs MLRC's Media Copyright and Trademark Committee, and chaired the New York City Bar's Committee on Entertainment Law, its Committee on State Courts of Superior Jurisdiction, WNYC Radio's Community Advisory Board, and was Administrator of the New York State Supreme Court Screening Panel for Democratic Party judicial candidates in New York County.

He has appeared on BBC World News, Forbes TV, and been quoted by the New York Times, The Hollywood Reporter, Forbes, Law360 and many other news and legal publications.

Prior to joining the firm, Mr. Butterfield was a partner at Frankfurt Kurnit Klein & Selz PC.

Professional Affiliations
  • Co-Chair, Media Law Resource Center's Media Copyright and Trademark Committee
  • Former chair and member, New York City Bar's Entertainment Law Committee
  • Former chair, New York City Bar's Committee on State Courts of Superior Jurisdiction
  • Member, AIPLA, NYSBA, Copyright Society of the USA.
Toby M.J. Butterfield
Rated by Super Lawyers


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Representative Matters

Among the many litigations and proceedings handled by Mr. Butterfield, he has successfully:

  • Defended Blue Man Group from claims by a former band member and co-composer who disputed royalties paid to him from the "Blue Man Group" show.  Secured a dismissal of the majority of his claims at the outset in a ruling that was affirmed on appeal.   Won granting summary judgment dismissing the remaining claim for breach of fiduciary duty.  Pai v. Blue Man Group Publishing, 2018 WL 1363410 (N.Y. Co. March 16, 2018).  The ruling garnered numerous news reports. 

Videos

IP Legislation

Pai vs. Blue Man Group

Grey Market Goods & Trademark Overview

Emerging Copyright Trends

Copyright/Fair Use

Breach of Fiduciary Duty

Biography

Toby M.J. Butterfield is a partner in Moses & Singer's Intellectual Property and Litigation groups.

Mr. Butterfield has 25 years of experience litigating and counseling on copyright, trademark, defamation, software and digital media, and commercial matters. His clients include media and entertainment companies, motion picture and theater producers, major brand owners, technology companies and designers of luxury goods. His recent work includes successfully representing an "over the top" TV broadcaster in a distribution dispute with numerous Russian broadcasters; successful defense of a well-known theater production in a jury trial concerning music royalty payments; representation of a regional on-line pharmacy in cases concerning false advertising, trademark, fraud and RICO claims; defending book publishers in copyright litigations; and obtaining a fair use dismissal of copyright infringement claims against theater producers concerning a parody play. He has successfully dismissed claims against film producers and distributors, theater producers, technology and software companies, and has obtained injunctions and seizure orders for magazine publishers and a well-known producer of children's TV programming. He regularly counsels IP owners and performs pre-publication and pre-broadcast review of content for publishers of books, motion pictures, newspapers and magazines.

Mr. Butterfield writes and speaks frequently for bar associations and industry organizations. He is an adjunct professor at Columbia Law School, where he has conducted a seminar on Social Media Law and Regulation since 2014. He co-chaired the Entertainment Business Law Seminar at NYU during the annual CMJ Music Festival. He has lectured at AIPLA's annual national conference and to PLI on copyright fair use, and authored the first chapter of Counseling Content Providers in the Digital Age on defamation for the New York State Bar Association. He has published articles written for the Copyright Society of the USA, ABA's Landslide magazine, Media Law Resource Center and other bar associations and publications regularly on Fair Use, Copyright Termination, the Digital Millennium Copyright Act and other hot topics. He has lectured at legal and television industry conferences all over the world and taught Media and Entertainment Law at Cardozo Law School. Mr. Butterfield currently co-chairs MLRC's Media Copyright and Trademark Committee, and chaired the New York City Bar's Committee on Entertainment Law, its Committee on State Courts of Superior Jurisdiction, WNYC Radio's Community Advisory Board, and was Administrator of the New York State Supreme Court Screening Panel for Democratic Party judicial candidates in New York County.

He has appeared on BBC World News, Forbes TV, and been quoted by the New York Times, The Hollywood Reporter, Forbes, Law360 and many other news and legal publications.

Prior to joining the firm, Mr. Butterfield was a partner at Frankfurt Kurnit Klein & Selz PC.

Professional Affiliations
  • Co-Chair, Media Law Resource Center's Media Copyright and Trademark Committee
  • Former chair and member, New York City Bar's Entertainment Law Committee
  • Former chair, New York City Bar's Committee on State Courts of Superior Jurisdiction
  • Member, AIPLA, NYSBA, Copyright Society of the USA.
Toby M.J. Butterfield
Rated by Super Lawyers


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Education
  • Christ Church, Oxford University (B.A.)
  • Inns of Court School of Law (Bar Exam)
  • New York University School of Law (LL.M.)
Bar/Court Admissions
  • New York
  • U.S. Supreme Court
  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
Representative Matters

Among the many litigations and proceedings handled by Mr. Butterfield, he has successfully:

  • Defended Blue Man Group from claims by a former band member and co-composer who disputed royalties paid to him from the "Blue Man Group" show.  Secured a dismissal of the majority of his claims at the outset in a ruling that was affirmed on appeal.   Won granting summary judgment dismissing the remaining claim for breach of fiduciary duty.  Pai v. Blue Man Group Publishing, 2018 WL 1363410 (N.Y. Co. March 16, 2018).  The ruling garnered numerous news reports.