The rhythm of footsteps on pavement, beads of sweat dripping down his temples, with the State Capitol in sight . . . completing another marathon, this one in Austin, Lucy Plovnick’s husband paces his way through the finish line. Having just left the Mid-Winter meeting of the Copyright Society of the USA, Lucy found her spot at the end of the route on Congress Avenue to cheer her husband on with her kids in tow, as she has more than 50 times.

After completing a marathon in all 50 States, plus D.C., Lucy’s husband’s new goal is to complete a marathon in every time zone in the world.  And he doesn’t pursue it in isolation . . . it’s a family affair. With three children ranging in ages from 10 to 17, she and her husband have built travel in to their repertoire as an exciting outlet that they can all share together. And those travel escapades often center around her husband’s continuous marathon schedule.

With so many marathons under their belt as a family, averaging four races a year, their travels have taken them from rural towns in West Virginia and Alaska to big cities like New Orleans and San Diego. There is a subtle irony to some of their destinations taking them to places that call to mind the nuanced specialty of Lucy’s practice in dealing with distribution and delivery of distant broadcast signals. As Lucy points out, the marathon routes often take them through rural areas, similar to her hometown in Flowery Branch, Georgia, that contain unserved and underserved households which her content-owner clientele attempt to reach with programs imported on distant broadcast signals.

Legal Expertise

Lucy represents media and entertainment industry clients in connection with statutory license royalty matters and has extensive experience as a litigator in proceedings before the Copyright Royalty Board (CRB), the Copyright Office, and state and federal courts. She also advises tech and video game companies on cybersecurity and privacy issues, providing clients with proactive and sophisticated legal advice regarding data privacy, protection, and compliance issues. She is certified by the International Association of Privacy Professionals as a Certified Information Privacy Professional (CIPP)/U.S.

Representative Matters

• Represents clients in privacy-related litigation, including cases related to the California Invasion of Privacy Act (CIPA) and the Video Privacy Protection Act. (VPPA)
• Provides legal advice and counsel to multiple companies concerning U.S. and international privacy issues, including an EU-based video game developer in connection with a significant transaction.
• Currently assessing and drafting terms of service and data privacy and protection policies for multiple companies.
• Represents copyright owners of syndicated series, movies and specials broadcast by TV stations in copyright royalty distribution and enforcement matters involving cable, satellite, the internet and other delivery systems.
• Represents clients before the CRB, the Copyright Office, state and federal courts.
• Represents clients in administrative litigation, including royalty distribution proceedings, rate-setting proceedings, notices of inquiry proceedings, rulemaking proceedings and settlement negotiations.
• Represents clients in appellate litigation, including significant experience before the S. Court of Appeals for the D.C. Circuit.
• Successfully defended a major motion picture trade association in a contract dispute concerning the distribution of statutory license royalties for cable and satellite television.
• Successfully defended a cable network in a lawsuit concerning record disclosure obligations under the Maryland Public Information Act.
• Drafted and filed numerous appellate briefs in the S. Courts of Appeal for the D.C. Circuit and the Ninth Circuit on behalf of copyright owners, a major motion picture trade association, and multiple public utilities.
• Acted as local counsel for a performing rights organization in multiple copyright infringement cases.

Professional, Business and civic Affiliations

• Co-Chair, MSK Pro Bono Committee
• International Association of Privacy Professionals
• The Copyright Society of the U.S.A.
• Women's Bar Association of the District of Columbia
• The District of Columbia Bar Association
• Roger Williams University Law Alumni Association
• Chairperson, First Baptist Church of the City of Washington, D.C.

Other Career Experience

• Law Clerk to the Honorable Ronald L. Lagueux, United States District Court, District of Rhode Island
• Law Clerk to the Honorable Robert G. Flanders, Supreme Court of Rhode Island

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