Bridging the gap between law and science

Gloria C. Phares

Gloria C. Phares 

Of Counsel

646-741-4564
gcphares@hmscounsel.com |  Download v-Card

For 27 years, Gloria has practiced in New York, most recently as a partner at Patterson Belknap Webb & Tyler, LLP (1997-2013) and before that at Weil Gotshal & Manges LLP and Paul Hastings LLP. She focuses on intellectual property, including copyright and trademark issues for museums, colleges and universities, and other not-for-profit entities; for book publishers, authors, and other copyright owners; and for music-recording, technology, and internet-based companies.

The work has varied and includes all manner of transactional agreements, counseling, and litigation, relating to licensing and acquisition of rights, copyright ownership, the validity of copyright transfers, termination, restoration, 1909 Act issues, fair use, pre-publication review for IP issues, and copyright and trademark infringement. In addition, Gloria has represented authors, publishers, and a TV production company in law suits involving copyright ownership and related rights and trademark infringement. She has also represented visual artists (as litigants and amici curiae) in appellate cases, including the Supreme Court’s last two flag-desecration cases, involving content discrimination, the First Amendment, and a qualified reporter’s privilege for book authors.

But Gloria began her career in Washington, D.C., where two stints in the public sector sandwiched her work at a private firm, Wald, Harkrader & Ross, which engaged in large federal and administrative litigation (1976-80). Before WHR, she worked for the Senate Judiciary Subcommittee on Separation of Powers (1975-76). After WHR, she concentrated on appellate work at the U.S. Department of Justice, Criminal Appellate Division (1980-87), both in almost all the federal courts of appeals and the U.S. Supreme Court (including a criminal copyright case; hence the segue to copyright).

Gloria received Martindale-Hubbell’s highest “AV” rating; is recognized in The Best Lawyers in America® since 2006 in the area of Appellate Law; is recognized in Super Lawyers since 2007 in the area of Intellectual Property; and was named to the “Top 50 Female Lawyers” list.

Professional Activities

Gloria served on the Legal Advisory Boards of the 2011 Code of Best Practices in Fair Use for Poetry and the 2005 Documentary Filmmakers’ Statement of Best Practices in Fair Use (both sponsored by American University’s Center for Social Media).

Member, Board of Directors, Volunteer Lawyers for the Arts, 1995-2004.

Fellow, American Academy of Appellate Lawyers

Teaching and Writing

Gloria has lectured and participated on panels on copyright issues, including for the Practising Law Institute’s annual Advanced Copyright program, the ABA, the Copyright Society of the U.S.A., ALI’s Legal Issues in Museum Administration, and for Pace University Law School’s program for lawyers returning to practice. She was also an Adjunct Professor of Appellate Advocacy at Fordham University Law School, 1992-96.

In addition to creating and updating an annual outline on Copyright Licensing for PLI (1999-2013), her publications include updating and revising Chapter 2 (Legal Issues in Scholarly Publishing) in MLA Style Manual and Guide to Scholarly Publishing (3rd edit., Modern Language Assn., 2008); Assigning Exclusive Copyright Licenses: Conflicting Rulings Over Transfer of Rights Highlight Uncertainty in Corporate Acquisitions, N.Y. Law Journal (May 12, 2003) (with Stephanie Bunting Glaser); Extraterritoriality and Copyright, Copyright Law ’99 and Beyond 119 (Glasser Legal Works and the U.S. Copyright Office 1999); Art Appropriation and Copyright Law, 1 Encyclopedia of Aesthetics 70 (Oxford U. Press 1998; an updated 2d edit. due in 2014); Copyright and the U.S. Border: Obtaining Redress in the United States for Extraterritorial Acts of Infringement, ABA Section of Intellectual Property Law 47 (Summer Conf. June 27, 1996); Retroactive Protection of Foreign Copyrights: What Has Congress Be-Gatt?, 7 J. of Proprietary Rights 2 (Apr. 1995).

Education

The Law School, The University of Chicago, J.D., 1975

University of Chicago, 1968, A.B.

Bar Admissions

New York
District of Columbia
U.S. Supreme Court
U.S. Court of Appeals for all Circuits (except the First Circuit)
E.D.N.Y
S.D.N.Y.
D.D.C.

Memberships

Member, The Copyright Society of the U.S.A.( past Trustee and Officer, and Chair, N.Y. Chapter), 1987-Present

Member, New York City Bar (Chair, Committee on Copyright and Literary Property, 1995-98; Secretary, 1992-95; Art Law Committee, 1998-2001; Information Technology Committee, 2001-04)

American Bar Ass’n (Intellectual Property Law and Litigation Sections)

New York State Bar Ass’n (Entertainment, Arts and Sports Law Section)
District of Columbia Bar Ass’n (Intellectual Property Law Section)