In this age of information and advanced communications technology, literary and other creative works are often the most important assets of a business. A company's success may depend on its ability to effectively protect and exploit its original works of authorship. Infringement of a copyright can undermine a company's strategic business objectives and position in the marketplace. The Intellectual Property practice group at Drinker Biddle assists clients with the protection of copyrightable materials, including original literary creations, audio and visual works, music, databases and computer software. In addition, we help clients document and preserve ownership rights, including rights in works created by their employees or independent contractors.
As part of our copyright practice, we counsel clients on the effective and appropriate use of copyrighted materials produced by others and assist them with rights clearance, including the negotiation of appropriate licenses, consents and releases as well as waivers of moral rights. Our copyright attorneys work closely with individuals and companies that develop and disseminate works over the Internet to help minimize their risks. In support of our clients' efforts to broaden the reach and impact of their works, we regularly negotiate agreements to publish, distribute or dramatize their original works.
Our lawyers have represented clients on both sides of publishing deals, assisting major publishers and those who contribute to publications, such as writers and photographers. Our experience includes helping publishers obtain rights to use their contributors' works in electronic formats and helping artists, architects, writers and photographers determine their ownership rights and make the most of the copyright protections available. We have also represented clients such as major universities and other foundations, regarding works of art held in trust, to assist them in maximizing the value recognized from the possession of their artwork.
We assist our clients in policing the marketplace to prevent infringements. We also counsel clients in order to prevent infringement of the copyrights of others. When disputes arise and amicable resolution is not possible, our attorneys are prepared to file suit to stop infringement of our clients' copyrights and/or to utilize the notice and take-down procedure of the Digital Millennium Copyright Act and to defend our clients against claims of copyright infringement.
We monitor the activities of the Copyright Office and have assisted clients filing comments or otherwise participating in rulemaking procedures and other inquiries and reports, including relating to preregistration and orphan works.
We represent clients before the Copyright Royalty Board including in procedures to determine royalty rates for the use of copyrighted works.