Mitch Tuchman

Of Counsel

Mitch Tuchman is an intellectual property attorney who helps publishers and authors develop mutually beneficial business relationships.  He also helps copyright and trademark owners optimize the value of their intellectual property and defend their intellectual property rights.

His copyright clients include publishers of books and scholarly journals, authors, authors’ and artists’ estates, nonprofit charitable organizations, architects, photographers, filmmakers, software and Web site owners and developers, educational institutions, textile manufacturers and healthcare providers, among others.

Before becoming an intellectual property attorney, Mitch spent ten years as a freelance writer and editor and fourteen years as publisher of exhibition and collection catalogues at the Los Angeles County Museum of Art.  Because he has been both a publisher and writer, he understands copyright matters from the client’s perspective.

Representative Matters in Intellectual Property Law
  • Dispute Resolution
    • Allocation of copyright ownership between joint authors following a falling out
    • Computation of damages attributable to infringement of book
    • Termination of subsidiary rights agreement when erstwhile producer failed to initiate a motion picture production within deadline but retained gaming rights
    • Assessment of similarity between architectural plans created by original and replacement architects
    • Grant back of license to infringing manufacturer of upholstery fabric design
    • Cessation of infringement of fabric designs in Eastern Europe
    • Infringing use of photographs downloaded from Internet
  • Copyright Opinions
    • Application of Audio Home Recording Act to vehicle onboard entertainment consoles
    • Exception to prohibition against advance publication of radio station playlist under Digital Millennium Copyright Act
    • Duration of copyright in works created by artist under both 1909 and 1976 Copyright Acts
    • Copyright status of space between habitable structures under Architectural Works Copyright Protection Act
    • Protection for nonrepresentational toys as either useful articles or sculptural works
    • Allocation of interest in copyrights descending through author’s residual estate
  • Negotiations/Transactions
    • Publishing agreements on behalf of authors and publishers
    • Publishing templates on behalf of publishers
    • Subsidiary rights agreements, including option agreements
    • Joint authorship agreements
    • Talent agency agreements
    • Professional services agreements
    • Performance venue licenses
    • Copyright and trademark licenses
    • Intellectual property policies for colleges and universities
    • Counseling clients on the intellectual property aspects of architectural agreements
    • Planning for, preserving and enforcing the intellectual property rights of real estate developers in architectural plans

Professional & Community Activities
  • Durham City-County Appearance Commission, Commissioner, 2017 to the present
  • Durham County Library, Art Committee, Member, 2018 to the present
  • Durham County Library, Durham Reads Together Committee, Member, 2017 to the present
  • Durham County People’s Court, Volunteer Mediator, 2018 to the present
  • Durham Literacy Center, Board Member, Appointed 2019
  • Museum of Durham History, Board Member, Secretary and Pro bono Counsel, 2012 to the present
  • American University Washington College of Law, J.D., 2001
  • Stanford Law School, Master of Legal Studies, 1997
  • Yale University, M.Phil., Ph.D., Sociology, 1973
  • Occidental College, B.A., Sociology, 1967