We regularly assist our clients with complex copyright issues. Our clients include clients across many industries including clients in the music industry, publishing and media clients, software providers, artists, authors and online service providers. Examples of work we perform in our copyright practice includes the following:
- Drafting and filing applications for copyright registration with the U.S. Copyright Office.
- We file applications for single works of authorship, group registrations, as well as registering multiple works on a single application—both published and unpublished. We file applications to register works of visual art, computer programs, sound recordings, musical compositions, and literary works.
- Prosecuting applications for copyright registration with the U.S. Copyright office.
- We communicate with the U.S. Copyright Office to correct filed but unissued applications.
- We have experience drafting successful requests for reconsideration when the U.S. Copyright Office rejects a copyright registration application on substantive grounds.
Obtaining Ownership, Licensing & Mitigating Risks
- Advising clients regarding the development and purchase of copyrighted works. We draft and negotiate agreements for development, acquisition, purchase, and exploitation of copyrighted assets.
- Drafting copyright assignments, both as stand-alone documents and as ancillary agreements to asset purchase agreements.
- Advising clients regarding whether or not permission or a license is needed to use particular copyrighted works.
- Drafting and negotiating copyright licenses, licensing deals, publishing agreements, and other content agreements for our music, media, publishing, and other content creator clients
- Advising employers relating to scope of intellectual property rights obtained from employees and independent contracts. Drafting work-made-for-hire agreements and copyright assignments for use in the employment context.
- Drafting recommendations for company-wide intellectual property protection programs.
- Advising clients re use of user-generated content on websites.
Pre-Litigation & Litigation
Drafting and responding to cease and desist letters and negotiate settlement agreements on behalf of our clients across industries.
- Initiating and defending copyright infringement claims in federal court.
Digital Millennium Copyright Act (DMCA)
- Drafting compliant copyright policies and advising our clients regarding their implementation as well as the scope the DMCA safe harbor, which allows online service provider that follow certain procedures to take reduce their risk of liability for copyright infringement committed by third parties.
- Drafting and responding to DMCA takedown notices to online service providers that display our clients’ copyrighted works without permission, where appropriate.
- Supreme Court Rules Aereo’s Streaming Television Service Violates Copyright Law
- Supreme Court Rules Laches No Bar to Monetary Damages for Copyright Infringement Claim
- You Mean I had to File There? Inherent Problems with the Perfection of Security Interests in Unregistered Copyrights
- The Copyright Act's Registration Requirement No Longer "Jurisdictional"
- Court Says That Copyright Owners Must Consider Fair Use Prior To Sending Infringement Notice Under The Digital Millennium Copyright Act
- Copyright vs. Patent…an Economical Alternative