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...