Practice/Industry Group Overview
Digitization and the ability to instantly share content in various media, art, performances and software has radically changed the risks facing those wishing to protect their copyrighted material. Companies and individual authors and creators need to know their rights, how they can be enforced, and create effective policies in a global "copy and paste" culture.
Copyright law is constantly struggling to adapt in order to address these issues and other opportunities and threats. Our dedicated copyright lawyers are working with clients in media, advertising, broadcasting, publishing, product design, music, entertainment, education, gaming, museums and software to ensure that they are realizing the full potential of their work.
We do this by:
- Obtaining registrations, depositing works (including software code), and filing assignment or transfer documents with the Copyright Office
- Preparing copyright policies
- Assessing complex copyright issues, including ownership and validity of copyrights
- Providing Fair Use analyses
- Conducting infringement investigations
- Counseling on Open Source software issues
- Litigating cases involving copyright ownership, fair use and artists’ rights
- Negotiating and securing settlements in copyright disputes
- Drafting licenses for the protection or procurement of copyrights
We have particular experience in licensing and agreements including:
- ASP (Application Services Provider) agreements
- Architectural works
- Character licenses
- Distribution agreements
- Copyright issues in higher education
- End user license agreements
- Enterprise licenses
- Film option agreements
- Jewelry agreements
- Maintenance services
- Music licensing
- Open source licensing
- Performance agreements
- Professional service agreements
- Publishing agreements
- Software development agreements
- Software licensing
- Video game licenses
- Visual arts agreements
We counsel on ownership issues and rights clearance and effectively apply the Digital Millennium Copyright Act -- so that clients are in compliance with safe harbors -- and prevent others from circumventing access control measures. When litigation arises, we create a team that focuses on business solutions that effectively enforce the rights of our clients.
Articles Authored by Lawyers at this office:
Aereo Supports Supreme Court Review of its Victory in the Second Circuit
Seth A. Davidson, December 17, 2013
In a development that surprised most observers, Aereo has filed a brief with the Supreme Court agreeing that the Court should hear the broadcast industry’s challenge to Aereo’s legality under the Copyright Act. Aereo’s action may make it more likely that the Court will take the...
Customs Agencies Trial New Anti-Infringement Database
Riecha Sharma, December 13, 2013
The European Observatory on Counterfeiting and Piracy has taken another step forward in its efforts against IP infringement by allowing a small number of customs authorities to test its enforcement database ahead of its full launch in April 2014.
Fourth Circuit Finds Copyright Transfers with Electronic Signatures to be Valid
Seth A. Davidson,Ari Z. Moskowitz, October 23, 2013
In a unanimous three-judge opinion, the United States Court of Appeals for the Fourth Circuit held that the “writing” and “signature” requirements for assigning a copyright can be met by clicking a button in a web browser. This gives greater certainty to enforceability of...
United States District Court in Boston Refuses to Enjoin Aereo’s Antenna/DVR Service
Seth A. Davidson,Arthur H. Harding, October 16, 2013
In the latest in a series of copyright infringement cases arising out of the deployment of “antenna/DVR” services such as that offered by Aereo and FilmOn, Judge Gorton of the United States District Court for the District of Massachusetts has denied a motion for preliminary injunction...
UK Fast Track Opposition
Claire Lehr,John Olsen, October 03, 2013
In an effort to combat criticism of the UK-IPO trade mark opposition procedure, which can be lengthy and costly and therefore off-putting for smaller enterprises / individuals seeking to protect their rights, the UK-IPO has announced its intention to implement a new, fast track opposition. The...
Federal Judge Issues Nationwide Injunction Against Aereo Competitor FilmOn
Seth A. Davidson,Arthur H. Harding, September 14, 2013
On September 5, 2013, Judge Rosemary Collyer of the United States District Court for the District of Columbia issued an order blocking FilmOn from offering its antenna/DVR service. FilmOn (previously known as “BarryDriller.com” and “Aereokiller”) is essentially a knock-off...