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Copyright

We focus on complex copyright issues involving traditional media, such as print and broadcast, as well as computer software, digital and interactive media. Routine work for us includes filing applications with the U.S. Copyright Office for audio and literary works, negotiating copyright licenses and publishing agreements and advising clients on both user-generated content and the scope of their intellectual property rights as it pertains to a contractor or employee’s work product.

We also assist clients in developing company-wide intellectual property protection programs, including work-made-for-hire agreements and copyright assignments for use in the employment context. Where necessary, we issue cease-and-desist letters, negotiate settlement agreements and either pursue or defend copyright infringement claims.

Areas of Focus

Copyright Registration

  • 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of authorship, group registrations, as well as registering multiple works on a single application — both published and unpublished.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.

Copyright Ownership & Licensing

  • Advising clients regarding the development and purchase of copyrighted works.
  • Drafting and negotiating 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 the 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 reuse of user-generated content on websites.

Enforcement & Litigation Support

  • 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

  • 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.

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