F. Jay Dougherty

Professor of Law
Director, Entertainment & Media Law Institute and Concentration Program

BA, magna cum laude, Yale College
JD, Columbia University Law School 

Background

During law school Jay Dougherty was a Harlan Fiske Stone scholar, a staff member of the Columbia Law Review and editor of the Columbia Journal of Arts & the Law. His legal career began in the Entertainment Department of Paul, Weiss, Rifkind, Wharton & Garrison in New York, where his work included representation of Broadway composers and authors. His interest in the motion picture area led to positions at the Motion Picture/Television/Music Departments of Mitchell, Silberberg & Knupp, the legal departments at United Artists Pictures and Metro-Goldwyn-Mayer Pictures and the Business Affairs Department of Morgan Creek Productions. After a corporate takeover of MGM, Dougherty moved to the Legal Department of Twentieth Century Fox, where he became senior vice president of production and worldwide acquisition legal affairs. Before joining the Loyola faculty, Dougherty served as assistant general counsel for Turner Broadcasting System, responsible for Turner Pictures. He also taught as an adjunct professor at the University of Southern California Law Center for 10 years, and is an Adjunct Professor teaching International Entertainment Law for the Munich Intellectual Property Law Center in Munich. He is also a professional guitarist. 

Selected Scholarship

  • "Now You Own It, Now You Don't: Copyright and Related Rights in Magic Productions and Performances," in Law and Magic (Christine A. Corcos ed. 2011) (Carolina Academic Press)
  • "The Many Means of Celebrity," Celebrity (2005)
  • Entertainment Law (3d ed., Lexis Nexis, 2003) (with Simensky, Selz, Lind, Burnett, & Palmer).
  • "A Vietnam Diary--Authorship, Collaboration, Personal Rights, Moral Rights, Conflicts Among Authors," in Artists, Technology & the Ownership of Creative Content (2003).
  • "All the World's Not a Stooge: The 'Transformativeness' Test For Analyzing a First Amendment Defense to a Right of Publicity Claim Against Distribution of Artworks," Columbia J. Law & the Arts (2003)
  • "Not a Spike Lee Joint? Issues in the Authorship of Motion Pictures Under U.S. Copyright Law,I 49 UCLA Law Review 225 (2001)
  • Foreword -- "Legal and Business Issues in the Digital Distribution of Music," 20 Loyola Los Angeles Entertainment Law Review 207 (2000)
  • "Recent Developments in Right of Publicity," 46 J. Copyright Society of the USA 467 (1999).
  • Foreword -- "The Right of Publicity: Towards a Comparative and International Perspective," 18 Loyola Los Angeles Entertainment Law Review 421 (1998). 
Representative Academic Presentations 
  • Presenter, “Entertainment Law Year in Review”, LACBA ELIPS program (January 2012)
  • Presenter, “U.S. Publicity Rights:  Background and Important Developments,” Korea Copyright Commission Annual Seoul Copyright Forum (October 2011)
  • Panelist, “Truth & Fiction in Film & TV”,  LMU School of Film & TV Annual Steed Business of the Business Symposium (February 2011)
  • Moderator, “Piracy, Anti-Piracy & the Future of the Entertainment Industry,” Loyola Entertainment Law Symposium (November 2009)
  • Panelist/Moderator, “Indecent Exposure: New Developments & Practical Advice Regarding Indecency Regulation;”  LACBA ELIPS (October 2009)
  • Presenter, “Copyright in Sports”, Loyola Sports Law Symposium—“Intellectual Property in Sports” (March 2009)
  • Moderator, “The Good, the Bad and the Unethical;” LACBA ELIPS Annual Entertainment Law Symposium (January 2009)
  • Organizer/Moderator, “Soft Money 4:  Focus on the Middle East, India & China and Worldwide Production Incentives Update” (April 2008) 
  • Presenter, “Right of Publicity:  Overview & Constitutional Issues”; ABA Entertainment & Sports Law Section Annual Symposium (October 2008)
  • Moderator, "One Princess, One Tiger, Two Robots and Three Stooges--Recent Right of Publicity Expansions and Limitations," Loyola L.S. Symposium (April 2001)
  • Case Study Author/Presenter, "A Vietnam Diary -- Authorship, Collaboration, Persona Rights, Moral Rights and conflicts Among Author," Norman Lear Center/USC Program on "Artists, Technology & the Ownership of Creative Content" (March 2001)
  • Moderator/Organizer, "Developments in International Entertainment Law," Loyola L.S. Annual Entertainment Law Symposium (February 2001)
  • Moderator, "Where Everyone Knows Your Name...But Who Owns You?: Character Copyright vs. Actor's Publicity Rights in Wendt v. Host Internat'l and Paramount Pictures," L.A.County Bar Association (December 2000)
  • "The Portrayal of Real People in the Media," USC Annual Entertainment Law Symposium (September 1998)
  • Presenter, "International Rights of Publicity," Los Angeles Copyright Society Annual Retreat (April 1998)
  • Presenter, "Recent Developments in Copyright and Entertainment Law," Century City Bar Association (February 1998) 

Public Service

  • Co-Editor in Chief,  Journal of the Copyright Society of the USA
  • Chair, Executive Committee, Entertainment & IP Section, Los Angeles County Bar Association
  • Chair, Legal/Business Subcommittee, Yale in Hollywood