Our firm works with individuals and companies in the U.S. and around the world to provide strategic counseling for securing rights in, and clearing use of, copyrightable and copyrighted works.
Copyright, Licensing, and Rights of Publicity
- Acquisition, federal application, registration, clearances, and licensing of copyrightable works
- Licensing, registration, and protection of copyrights both in the United States and internationally
- Due diligence, drafting, and negotiating commercial transactions involving copyrights and other intellectual property assets
- Counseling in the development of fair use guidelines for use of third party works
- Negotiating with ASCAP, BMI, and other performing rights societies
- Counseling and representing clients in response to copyright compliance demands from Software Business Alliance (SBA), Recording Industry Association of America (RIAA), Motion Picture Association of America (MPAA), and other copyright compliance organizations
- Identifying and protecting rights of publicity and privacy, as well as clearing rights for use of the same
- Prosecution and defense of copyright infringement and copyright violation claims in state and federal court
Our lawyers have handled copyright infringement actions in federal courts throughout the United States involving of a variety of works ranging from photographs, books, musicals, and television shows, to complex software. We also litigate cases involving copyright-related claims, including circumvention of the Digital Millennium Copyright Act.
If, and when we get to litigation, we take a practical and adaptable approach. If our client will be the plaintiff, we select the best forum for the case, based on the facts and circumstances. We assess the likelihood of obtaining damages and injunctive relief, whether TROs, preliminary injunctions, or permanent injunctions. Given the potential for substantial damages in copyright actions, we provide sophisticated assessments of actual damages and profits, as well as statutory damages.