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Oppenheim + Zebrak, LLP
5225 Wisconsin Avenue, NW, Suite 503
Washington, DC 20015


Scott Zebrak
Founding Partner

Scott Zebrak is a co-founding partner at Oppenheim + Zebrak, LLP. He has extensive litigation and counseling experience involving copyright law, content protection, and related Internet and commercial matters.

For more than two decades, Scott has worked closely with clients to develop and implement strategic solutions to protect their creative works and brands from infringement, online piracy, counterfeiting, subscription fraud, database theft, and unfair competition. In particular, Scott helps clients navigate important, often cutting-edge copyright, DMCA, and anti-piracy matters involving digital media and technology. Apart from handling disputes, Scott maintains an active practice assisting clients with various non-adversarial matters related to their IP portfolios. He has also testified as an expert witness in the Hotfile copyright case brought by the movie studios.

Prior to co-founding Oppenheim + Zebrak, Scott served for four years as Vice-President, Litigation & Legal Affairs, at the Recording Industry Association of America (RIAA), a trade group that represents the U.S. recording industry. In that capacity, Scott provided legal advice on the preeminent copyright and DMCA issues of the day involving new technologies and the Internet. He participated actively in several precedent-setting copyright infringement suits brought by the major record companies to combat online piracy, including LimeWire and Usenet.com, among others. Scott also held a leading role in a landmark mechanical ratemaking proceeding (section 115) before the Copyright Royalty Board.

Before the RIAA, Scott served as Deputy General Counsel & Director of IP at CoStar Group, Inc., a publicly traded provider of online commercial real estate information services. For over six years, he built CoStar’s anti-piracy program and was responsible for protecting the company’s robust IP portfolio, which included original news articles, databases, software, newsletters, photographs, and other proprietary material. Scott provided strategic advice and legal support on all facets of IP law and associated licensing, marketing, product development, and Internet matters. He was also intimately involved in an early and significant digital copyright and DMCA case, CoStar v. LoopNet, both at the district court and on appeal.

Prior to CoStar, Scott practiced for several years as an IP litigation associate at the Venable law firm in Washington, D.C., where he worked on a variety of trademark, copyright, and false advertising litigation. He joined Venable after starting his legal career as a judicial clerk for a U.S. Magistrate Judge in the Eastern District of Virginia, Alexandria Division (a/k/a the “Rocket Docket”).

Scott has authored several articles involving issues of IP and new technology. His most recent writings are “Viacom v. YouTube: a Missed Opportunity,” published in The National Law Journal, and “A DMCA Thrown Off Balance: UMG v. Veoh and Beyond,” published in The Computer & Internet Lawyer.

Scott has for several years provided pro bono counsel to A Wider Circle, Inc. (www.awidercircle.org), an organization that helps individuals, families, and communities in need lift themselves out of poverty.

Scott earned his B.A. from Tufts University in Economics and his J.D., summa cum laude, from The American University, Washington College of Law. He is a member of the Virginia and District of Columbia bars and lives in the Washington, D.C. area with his wife and two children.

 

Notable Matters:

  • Anti-Piracy Enforcement for Higher Education Publishers
    Represent several of the nation’s largest educational publishers in their enforcement efforts against online infringement and physical counterfeiting.
  • Disney Enterprises v. Hotfile Corporation
    Testifying expert retained by movie studio plaintiffs in copyright litigation.
  • Pearson Education v. Boundless Learning
    Copyright and Lanham Act case against technology start-up for developing and marketing versions of publishers’ leading textbooks without permission.
  • Theft of Services Cases
    Injunctive relief, damages, and settlements in numerous litigation and pre-litigation matters arising from the misuse of subscription-based online services.
  • Higher Education Publishers v. AIM Discovery
    $16 million judgment and injunctive relief in case involving counterfeit sales via Amazon and eBay.
  • Elsevier v. Victor Kozlov/Pavel Kazutsin
    Maximum copyright statutory damages and injunctive relief against principals of infringing service.
  • Pearson Education v. JVG Books
    Copyright and trademark action arising from sale of books diverted from destruction at recycler and then rebound.
  • ABKCO Music & Records v. Exact Media
    Represented music publishers in copyright action against unauthorized download sites, with shutdown of infringing operation during case.
  • John Wiley & Sons v. Kirtsaeng
    Defeated multi-million dollar attorney fee petition following defendant's victory at Supreme Court.
  • Cengage Learning v. Nugroho
    Injunctive relief in copyright action against rogue offshore website, with seizure of domain name and shutdown of infringing operation.
  • Hoops Enterprise v. SIIA
    Successfully defended trade association from state law tort claims based on an allegedly "wrongful" takedown notice to eBay.
  • Arista Records v. LimeWire
    Injunctive relief and finding of willful copyright infringement against proprietors of illegal peer-to-peer file-sharing service, along with $105 million settlement reached during damages trial.
  • Arista Records v. Usenet.com
    Spoliation sanctions and summary judgment for copyright infringement against commercial USENET service operator, with statutory damages award of $6,585,000.
  • Arista Records v. MediaServices (AllofMp3.com)

    Copyright infringement suit against illegal download site based in Russia.
  • Atlantic Recording Corp. v. Project Playlist
    Copyright infringement suit against service billing itself as music search engine.
  • A & M Records v. John LaMonte
    Injunctive relief, attorneys’ fees, and destruction order in proceeding to halt the unauthorized auction of clients’ copyrights.
  • Mechanicals Proceeding
    Proceeding before Copyright Royalty Board (Library of Congress) to determine rates and terms for compulsory license under Section 115 of the Copyright Act.
  • CoStar Group v. LoopNet
    Copyright suit stemming from posting of photographs to real estate listing website.
  • Blount v. CoStar
    Successful defense of defamation, tortious interference, and unfair competition case.
  • Amdahl Corporation v. CHE
    Successful litigation of copyright and trade secret claims over use of computer manufacturer’s proprietary diagnostic software.
  • Decision Support Systems v. Hughes Communications
    Trademark litigation involving allegations of reverse confusion.