Our intellectual property lawyers defend and enforce the copyright interests of our clients and protect their strategic business objectives, as well as their position in the marketplace in this age of advanced communications technology. We also provide defense against claims of infringement, transaction work, clearances, strategic portfolio development, and management and development of best practices.
We document and preserve the rights of ownership for a range of copyrightable materials, from digital media and traditional media, databases and software to advertising materials, original literary creations, audio and visual works, and music. This extends to works created by our clients’ employees and by independent contractors. We also provide counsel on the effective and appropriate use of others’ copyrighted materials. Our lawyers have experience minimizing the risks facing individuals and companies that develop and disseminate works electronically and via traditional retail channels.
To help our clients broaden their reach and impact, we regularly negotiate agreements to develop, publish, distribute or dramatize their original works. We assist clients with rights clearance, including negotiating appropriate licenses, consents and releases as well as waivers of moral rights. We police the marketplace to prevent infringements and prevent our clients’ infringement of the copyrights of others. When disputes do arise, and amicable resolution is not possible, our experienced attorneys are prepared to file suits and use other types of enforcement mechanisms to halt the infringement. Our representation also defends our clients against claims of copyright infringement from other parties.
LitigationOur lawyers have provided counsel and representation in copyright matters, including district court proceedings, Section 337 litigation at the United States International Trade Commission, arbitration proceedings and related contract actions in state courts. We have also enforced and defended against assertions of rights of publicity in the context of advertising, merchandising and product design. To facilitate the removal of copyright infringing content from websites, we utilize the notice and takedown procedure of the Digital Millennium Copyright Act (DMCA) of 1998 and other enforcement options.
Development and Clearances
Our lawyers provide counsel and opinion work with regard to the creation and clearance of works that include, e.g., copyright, trademark, trade dress and rights of publicity, such as advertising, product and packaging design, fashion design, documentaries and music videos.
Contracting and Licensing
Our lawyers have represented clients on both sides of publishing deals, assisting major publishers and contributors such as writers and photographers. Our experience includes helping publishers obtain rights to use their contributors' works in electronic formats. We work with artists, architects, writers and photographers to determine their ownership rights and make the most of the copyright protections available.
Works of Art
We provide advice to artists, collectors and galleries on a variety of issues relating to exhibitions, loans, gifts and licensing. We have represented major universities and other foundations regarding works of art held in trust, to maximize the value recognized from the possession of their artwork.
Actions with the U.S. Copyright Office
Our attorneys have assisted clients in filing comments, participated in rulemaking procedures and made other inquiries and reports to the Copyright Office. This has included matters relating to orphan works, for which there are challenges in determining the rights holders, and preregistration, to protect works such as movies, music, and other copyrighted materials from infringement in advance of their release.
Our representation of clients before the Copyright Royalty Board includes the determination and adjustment of royalty rates for the use of copyrighted works and the resolution of controversies relating to the distribution of copyrighted works.