Copyright law protects original works of authorship such as books, articles, dramatic works, photographs, films, drawings, artistic works and even computer software. In some cases, such works of authorship constitute the core product or service around which a business is built. In other cases, businesses can take advantage of copyright protection for materials that are ancillary to their products and services, such as web site content, product manuals and promotional materials. Our Copyrights group assists clients with all aspects of copyright protection and exploitation, ranging from acquiring rights in copyrightable works, to licensing such works to others, to enforcing and defending rights in such works.
With the ever-expanding use of the internet, our Copyright group works closely with clients to protect their copyrighted material from online abuse through various approaches, including through litigation or the use of non-litigation tools provided by the Digital Millennium Copyright Act. Conversely, our lawyers expertly navigate around or acquire rights in the copyrights of others to avoid confrontation.
Representative Projects and Transactions
- Represented Grammy-award winning musician and major label recording company in protecting copyright and publicity rights.
- Represented and counseled online video game developer with enforcing its rights under the Digital Millennium Copyright Act for its proprietary source code and engaging in multi-state copyright litigations resulting in the removal and destruction of infringing materials.
- Represented famous international fast food chain against claims of copyright infringement relating to advertising campaign.
- Negotiated acquisition of copyrights in computer game characters for use by a leading developer and distributor of MMORPG games.
- Negotiated source code license agreement on behalf of retailer for use in development and improvement of in-house ERP system and related applications.
- Advised healthcare information technology provider regarding clean room engineering protocol to redesign software in which a former consultant claimed rights.
- Counseled heirs to famous author/illustrator in dispute with another heir over the allocation of copyrights in inherited works where the decedent’s will was ambiguous.
- Advised entrepreneur regarding how to avoid violating copyrights and publicity rights in creating and selling custom artwork featuring images and quotes from famous persons.
- Represented non-profit relief organization in agreements with photographers and writers who toured sites in developing countries.
- Represented artist’s estate in registering copyrights in sculpture designs and licensing such designs to the artist’s former apprentice.
- Advised singer/songwriter in registration of copyrights in songs and related copyright issues.
- Drafted and negotiated publishing agreement on behalf of non-profit historical preservation organization.
- Advised fabric manufacturer in registrations and enforcement of copyrights in fabric designs.