Practice Areas & Industries: Edwards Wildman Palmer LLP

 





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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
  • Internet content (click-through; terms of use)
  • 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:

Copyright Office Adopts Interim Rule Allowing Copyright Owners to Give Notice of Intent to Audit Statements of Account
Seth A. Davidson,Arthur H. Harding, December 26, 2013
Faced with a year-end deadline, the Copyright Office has adopted an “interim” procedural rule that is intended to preserve copyright owners’ ability to audit cable and DBS statements of account (SOA) dating back to the 2010/1 accounting period. Because of the last-minute nature of...

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...

Copyright Office Releases Revised Statement of Account Forms for 2013/2 Accounting Period, Approves Use of Filing Fee Addendum with TWC Excel SOA Template
Seth A. Davidson, December 17, 2013
The Copyright Office, which recently announced the establishment of a schedule of filing fees that must accompany the submission of each statement of account form submitted by a cable operator, has published updated versions of Forms SA1-2 and SA3 that require cable operators to include 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.

English Court Of Appeal Confirms That Follow-On Competition Damages Actions Can Include Conspiracy Elements in the Claim but Only ‘In Rare Cases’
Emma Kingston,Becket McGrath, December 11, 2013
A key question for anybody who is thinking about commencing a competition law damages action in the courts is the extent to which it is able to rely on a prior infringement decision by an enforcement authority as the basis for its claim. Specifically, is it able to rely on a decision as a binding...

Filing Fees Established for Cable and Satellite Copyright Compulsory License Forms
Seth A. Davidson,Arthur H. Harding,Ari Z. Moskowitz, December 05, 2013
On November 29, the Copyright Office published its final schedule of filing fees for cable and satellite semiannual Statement of Account (SOA) submissions:

Videogame Piracy - A Present and Increasing Problem
Paolo Cerroni,Akash Sachdeva, November 15, 2013
TIGA, the trade association representing the UK videogame industry, has announced the findings of its 2013 piracy survey.

English Court Holds Ultimate Beneficial Owner (“UBO”) Liable For Losses To Creditors
Rod J. Cowper, November 05, 2013
The English Court has devised a new route to impose liability on a company's UBO who strips assets from the company leaving creditors to claim in its insolvency. UBOs feeling comfortable about the security of their corporate veil after the Supreme Court’s decision in Prest, will need to look...

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...

California Passes Three Privacy and Data Security Laws that Affect Many Companies
David L. Anderson,Theodore P. Augustinos,Karen L. Booth,Alan L. Friel, October 07, 2013
California recently passed three significant new privacy laws, increasing many companies’ privacy and data protection obligations.

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...

Fresenius v. Baxter International: Riding Cross-Currents of Collateral Estoppel in a New Age of Patent Challenges at the USPTO
Ralph A. Loren,Brian P. Murphy, August 07, 2013
On July 2, 2013, a divided Federal Circuit panel issued a remarkable decision. It vacated Baxter’s patent infringement judgment and an award of $14.3 million in pre-verdict damages that already had been reviewed and affirmed by the Federal Circuit. There was no en banc review or certiorari...

Feel the Force: Court of Appeal in London confirms jurisdiction of English courts to hear foreign IP rights cases
Rod J. Cowper, August 07, 2013
English courts now have a wide power to hear IPR cases with an international dimension, where the Defendant is within the jurisdiction (e.g., because it is a company incorporated here).

Ninth Circuit Court of Appeals Affirms Lower Court Refusal to Enjoin Dish Network’s Advanced DVR and Ad-Skipping Services
Seth A. Davidson,Arthur H. Harding, August 02, 2013
A three-judge panel of the United States Court of Appeals for the Ninth Circuit has unanimously affirmed the decision of the District Court for the Central District of California denying Fox Broadcasting Co. a preliminary injunction against Dish Network’s advanced DVR service and its...