Carole E. Handler
Encyclopedia
Carole Enid Handler is an American
lawyer
who specializes in intellectual property
litigation in the areas of trademark
, copyright
and antitrust laws, particularly those related to entertainment
and media industry. She is commonly known as the "lawyer who saved Spiderman."
characters that Marvel's new owners thought it bought with the company. The claim was successful because, although the purchaser of those rights had a valid signed contract with the former owners of Marvel, the actual new rights were never registered with the United States Copyright Office
. Handler's discovery of that fact, and her interpretation of IP law during the court proceedings, caused the rights to revert back to Marvel, which was bought by Avi Arad
and Ike Perlmutter.
Handler has been working with studios to develop a legal licensing system for digital video. Handler argues that the idea of Creative Commons
, created by Stanford University
professor Larry Lessig, is an "interesting compromise" - allowing for protection for copyrightable interests of the video itself while also acknowledging that the technology being used that causes the video to be accessed online modifies the licensing arrangement.
Aside from Handler's experience in motion picture and entertainment licensing, she has worked with IP issues dealing with energy, pharmaceuticals and medical devices.
Among her antitrust work, Handler has represented the National Basketball Association
and several of the major motion picture studios defending them against "block booking" (When studios sell its films in bundles of 'all-or-nothing' packages; meaning that theaters were required to buy some of the studio's mediocre pictures along with the more salable ones).
In addition to the issue of Block Booking, Handler defends studios on the practice of "Clearance" (not allowing a film to be shown within a set radius of another theater showing the same film)
In 1998, Handler took on the case of Holocaust rescuer (Righteous Gentile
) Irene Gut Opdyke
when Opdyke tried to re-gain the rights to tell the "authorized" account of her life story, which she had previously assigned in a lawful motion picture option agreement. Handler worked with the parties to reach an agreement and the case was dismissed with prejudice. In an ironic twist, after the trial, all parties agreed that the promoter did "nothing wrong." Opdyke publicly acknowledged the promoter who she sued by thanking him in her book, “In My Hands” and agreed to give him a producer credit for the eventual "authorized" motion picture about her life story.
Handler has been a partner at Kaye Scholer LLP
., O’Donnell & Shaeffer LLP and Thelen Reid & Priest LLP.
and her law degree from the University of Pennsylvania
Law School in 1975, and she then went on to achieve a master's degree in city planning from Penn, and also studied architecture at Massachusetts Institute of Technology
.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
who specializes in intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
litigation in the areas of trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
, copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
and antitrust laws, particularly those related to entertainment
Entertainment
Entertainment consists of any activity which provides a diversion or permits people to amuse themselves in their leisure time. Entertainment is generally passive, such as watching opera or a movie. Active forms of amusement, such as sports, are more often considered to be recreation...
and media industry. She is commonly known as the "lawyer who saved Spiderman."
Legal career
Handler's noteworthy achievement is a case considered to be a landmark case that was won on an ironic, yet relatively simple, but critical oversight. At issue were the sale of intellectual property rights to certain Marvel EnterprisesMarvel Comics
Marvel Worldwide, Inc., commonly referred to as Marvel Comics and formerly Marvel Publishing, Inc. and Marvel Comics Group, is an American company that publishes comic books and related media...
characters that Marvel's new owners thought it bought with the company. The claim was successful because, although the purchaser of those rights had a valid signed contract with the former owners of Marvel, the actual new rights were never registered with the United States Copyright Office
United States Copyright Office
The United States Copyright Office, a part of the Library of Congress, is the official U.S. government body that maintains records of copyright registration in the United States. It is used by copyright title searchers who are attempting to clear a chain of title for copyrighted works.The head of...
. Handler's discovery of that fact, and her interpretation of IP law during the court proceedings, caused the rights to revert back to Marvel, which was bought by Avi Arad
Avi Arad
Avi Arad is an Israeli-American businessman. He became the CEO of the company Toy Biz in the 1990s, and soon afterward became the chief creative officer of Marvel Entertainment, a Marvel director, chairman, CEO and the founder of Marvel Studios....
and Ike Perlmutter.
Handler has been working with studios to develop a legal licensing system for digital video. Handler argues that the idea of Creative Commons
Creative Commons
Creative Commons is a non-profit organization headquartered in Mountain View, California, United States devoted to expanding the range of creative works available for others to build upon legally and to share. The organization has released several copyright-licenses known as Creative Commons...
, created by Stanford University
Stanford University
The Leland Stanford Junior University, commonly referred to as Stanford University or Stanford, is a private research university on an campus located near Palo Alto, California. It is situated in the northwestern Santa Clara Valley on the San Francisco Peninsula, approximately northwest of San...
professor Larry Lessig, is an "interesting compromise" - allowing for protection for copyrightable interests of the video itself while also acknowledging that the technology being used that causes the video to be accessed online modifies the licensing arrangement.
Aside from Handler's experience in motion picture and entertainment licensing, she has worked with IP issues dealing with energy, pharmaceuticals and medical devices.
Among her antitrust work, Handler has represented the National Basketball Association
National Basketball Association
The National Basketball Association is the pre-eminent men's professional basketball league in North America. It consists of thirty franchised member clubs, of which twenty-nine are located in the United States and one in Canada...
and several of the major motion picture studios defending them against "block booking" (When studios sell its films in bundles of 'all-or-nothing' packages; meaning that theaters were required to buy some of the studio's mediocre pictures along with the more salable ones).
In addition to the issue of Block Booking, Handler defends studios on the practice of "Clearance" (not allowing a film to be shown within a set radius of another theater showing the same film)
In 1998, Handler took on the case of Holocaust rescuer (Righteous Gentile
Righteous gentile
Righteous gentile may refer to:* Ger toshav, "stranger-foreigner", Aramaic and Hebrew term for a resident alien in a Jewish state.* Righteous among the Nations, an honorific bestowed by the State of Israel to non-Jews who risked their lives to save Jews from the Nazis...
) Irene Gut Opdyke
Irene Gut Opdyke
Irene Opdyke was a Polish nurse who gained recognition for aiding Jews persecuted by the Nazis during World War II and for saving twelve Jews.-Humanitarian efforts:...
when Opdyke tried to re-gain the rights to tell the "authorized" account of her life story, which she had previously assigned in a lawful motion picture option agreement. Handler worked with the parties to reach an agreement and the case was dismissed with prejudice. In an ironic twist, after the trial, all parties agreed that the promoter did "nothing wrong." Opdyke publicly acknowledged the promoter who she sued by thanking him in her book, “In My Hands” and agreed to give him a producer credit for the eventual "authorized" motion picture about her life story.
Handler has been a partner at Kaye Scholer LLP
Kaye Scholer LLP
Kaye Scholer is a law firm founded in 1917 by Benjamin Kaye and Jacob Scholer. The firm has more than 450 attorneys in nine offices located in the cities of Chicago, Frankfurt, London, Los Angeles, New York , Shanghai, Palo Alto, Washington, D.C., and West Palm Beach.-Reputation and...
., O’Donnell & Shaeffer LLP and Thelen Reid & Priest LLP.
Academic career
Handler received her undergraduate degree from Harvard CollegeHarvard College
Harvard College, in Cambridge, Massachusetts, is one of two schools within Harvard University granting undergraduate degrees...
and her law degree from the University of Pennsylvania
University of Pennsylvania
The University of Pennsylvania is a private, Ivy League university located in Philadelphia, Pennsylvania, United States. Penn is the fourth-oldest institution of higher education in the United States,Penn is the fourth-oldest using the founding dates claimed by each institution...
Law School in 1975, and she then went on to achieve a master's degree in city planning from Penn, and also studied architecture at Massachusetts Institute of Technology
Massachusetts Institute of Technology
The Massachusetts Institute of Technology is a private research university located in Cambridge, Massachusetts. MIT has five schools and one college, containing a total of 32 academic departments, with a strong emphasis on scientific and technological education and research.Founded in 1861 in...
.
Honors and awards
Handler was named one of the "Top 50 Women Litigators in California" by Daily Journal Extra in 2005, 2004, 2003 and 2002. In 2001, and was named one of the "Lawyers of the Year" by California Lawyer.Further reading
- CorpWatch.org "US: The Conservative Hand of Hollywood", by Justin Clark, March 29th, 2006 Handler on delivering movies to theaters via fiber optics
- National Journal, "AT&T-BellSouth Deal Could Affect 'Net Neutrality' Debate In Congress" By Andrew Noyes, January 2, 2007 Handler on Internet speed regulations in Congress
- Cold Squad Handler, in 1998, on the Canadian TV Show Cold Squads similarities to CBS' Cold Case
- http://www.nypost.com/seven/02192007/business/disney_loses_pooh_battle_in_l_a__court_business_.htmDISNEY LOSES POOH BATTLE IN L.A. COURT, New York PostNew York PostThe New York Post is the 13th-oldest newspaper published in the United States and is generally acknowledged as the oldest to have been published continuously as a daily, although – as is the case with most other papers – its publication has been periodically interrupted by labor actions...
, 2/19/2007]