About

Those who can’t, become lawyers. I always envisioned myself as a creator. At a young age I took lessons in piano and cello. I was a journalist for my high school and college newspapers. I wrote a software program in 1980s-era BASIC to manage my fantasy baseball team. I once even sang in a school choir (the memory haunts me to this day).

I never made it in the creative arts. But my career in copyright litigation has put me shoulder-to-shoulder with creators in an even better way. I have had the privilege of representing musicians, songwriters, photographers, graphic artists, software developers, academics, and other creators in protecting their intellectual property. Along the way, I’ve represented some of the world’s biggest corporations, defended a host of small businesses against a wide array of legal challenges, and volunteered legal services to the wrongly accused, the victims of abuse, undocumented immigrants, and others who could not afford legal representation.

I started my legal career, happily enough, with a decade at one of the nation’s premier litigation firms. I helped to formulate the music industry’s initial strategy for combating copyright infringement online, pursuing music pirates at home and abroad to help clear the way for licensed online music services to get off the ground. I also managed the implementation of a groundbreaking settlement with a website operator that resulted in the first-ever copyright “filter” in a commercial peer-to-peer music network, led successful litigation on behalf of a small family-run designer and manufacturer against a major Las Vegas casino for the unauthorized use of a carpet design, and litigated rate-making proceedings on behalf of major record labels before the Copyright Royalty Board.

I’ve also developed a substantial copyright appellate litigation practice over my career. I was a member of the briefing team for MGM v. Grokster, the 2005 Supreme Court case that established the liability of peer-to-peer file-sharing companies for infringing content. More recently, I wrote an amicus brief to the Supreme Court in Warhol v. Goldsmith, the landmark case that clarified the scope of the "transformative use" doctrine in fair-use analysis. I also represented a client in a copyright appeal in the Second Circuit involving important fair use and implied licensing issues and wrote an amicus brief to the Ninth Circuit on behalf of a photographer in a high-profile copyright appeal against a prominent Los Angeles tattoo artist.

In addition to the Warhol and Grokster copyright cases, I was a member of the Supreme Court briefing team in Rumsfeld v. Padilla, one of the first legal challenges to post-9/11 military detention policies to reach the Court. I also contributed amicus briefs in Padilla v. Kentucky, a case establishing the right of non-citizens to effective representation at the plea-bargain stage; Dickerson v. United States, a case reaffirming the Miranda rule; Christopher v. Harbury, a case involving alleged human rights abuses overseas; and United States v. Arvizu, a case involving search and seizure rights.

My commercial litigation experience has also included the representation of, among others:

I am especially proud of my record of public service and my support of clients who are unable to afford legal counsel. Early in my career, I served as a legislative aide to U.S. Senator Chris Dodd and was part of the litigation team in Bush v. Gore; more recently, I provided transition assistance to Arizona Governor Katie Hobbs.

My pro bono work has taken me in some unexpected directions. I secured the reversal of a homicide conviction against an indigent South Carolina woman who was wrongly accused of harming her fetus through drug use, successfully represented a Tucson-area animal shelter against a frivolous breach-of-contract claim, and assisted low-income immigrants facing complex status-related challenges. I also spent a year volunteering for one of Argentina’s most prominent civil liberties organizations.

Beyond my practice, I write a daily column on developments in copyright law for Intellectual Property Law Daily, a trade journal put out by legal publisher Wolters Kluwer. You can find selected clips from that publication here.

Last but perhaps not least, I am a recovering Mets fan and I still think The Clash are the only band that ever mattered. (Some of my childhood experiences, apparently, never quite wore off.)

I’d love to talk to you about your legal issues. Email me at matt@matthewhersh.com or use the contact form below to get in touch with me.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. I invite you to contact me, though doing so does not create an attorney-client relationship. Please do not send any confidential information to me until such time as an attorney-client relationship has been established.

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Washington, DC 20008
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