Practice Areas & Industries: Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.

Practice/Industry Group Overview

Copyright protection in a digital world
The Internet and today’s digital technology have singularly changed the ability to disseminate and share information around the globe. Traditional copyright principles have come under attack, drastically affecting copyright owners and those who wish to make full use of digital media. To maintain a competitive advantage, companies need clear guidance and creative solutions to protect their copyrighted works. Companies that rely on third-party content need guidance regarding their responsibilities to copyright owners.

Leaders in copyright protection
Finnegan has been a leader in copyright protection and counseling for over 40 years. Among other distinctions, Finnegan was recognized in 2008 by Managing Intellectual Property as a #1 tier U.S. law firm for copyright work—and one of our lawyers was recognized by The Legal 500 U.S. in 2007 as a leading copyright litigator.

Finnegan has played an active role in shaping U.S. copyright law by serving in numerous influential organizations. One of our copyright attorneys served as a consultant to the World Intellectual Property Organization on copyright and computer matters, and as the executive director of the National Commission on New Technological Uses of Copyrighted Works (CONTU), the group responsible for recommending changes in copyright law to ensure protection of computer programs. Our lawyers also advised members of the National Information Infrastructure Advisory Council regarding the implementation of the Berne Convention, and in efforts leading to the enactment of the Audio Home Recording Act of 1992 and the Digital Performance Rights Act of 1996.

Services Available

Full-service protection across a wide range of industries
We counsel leading electronics manufacturers, multi-billion dollar entertainment companies, a major player in opensource products, numerous manufacturers, major retailers, nonprofit organizations large and small, and other business entities on protecting their copyrights and fair use of third-party copyrighted works. We register copyrights, expedite applications, record documents, and perform title searches. We render opinions on copyrightability, fair use, infringement, ownership and title, notice, security interests, and foreign protection. We also draft and negotiate agreements involving copyrighted works, including licenses and development, rights clearance, and distribution agreements. Our copyright practice covers the spectrum of copyrightable works: software and databases; audio recordings and music; film and video productions, and motion pictures; technical and architectural designs; books, newsletters, and other publications; examinations and tests; sculptures and fabric design; and mask works (semiconductor chips). We also help develop open-source policies and strategies for clients, counsel on license compliance, and assess the implications of open source in a proprietary environment.

Realizing the full potential of your copyrighted works
Depending on your business, a copyright audit may reveal opportunities for registration, enforcement, and licensing that can generate revenue streams and open new markets. These contracts may be simple licenses or complex strategic alliances. Finnegan is a pioneer in licensing and in the development of IP transactions. Our lawyers played an instrumental role in the establishment and ongoing leadership of the Licensing Executives Society.

Litigation experience makes a world of difference
Copyright litigation can be highly complex, and when there is no other means of settling a dispute, Finnegan provides a formidable force. Whether the issue is enforcing your copyrights or protecting you from infringement claims, our team draws on decades of litigation experience in courts throughout the country. We represent many clients before the U.S. Copyright Office and the U.S. Customs Service, and our lawyers frequently serve as expert witnesses.

Our copyright practice covers the spectrum

• Software and databases
• Audio recordings and music
• Film and video productions and motion pictures
• Technical and architectural designs
• Books, newsletters, and other publications
• Sculptures
• Fabric designs
• Examinations and tests
• Mask works (semiconductor chips)

Representative Engagements

Finnegan acts quickly after secure certification exam compromised
When an organization that certifies medical personnel discovered that its secure certification exam had been compromised, Finnegan acted quickly to minimize the harm by obtaining an expedited certificate of registration from the U.S. Copyright Office and negotiating a favorable settlement for the client.

Represented developer of wireless networking technology after joint venture failure
When the developer of a wireless networking technology found that its relationship with a joint venture partner had failed, Finnegan represented the developer in a copyright litigation in federal court in the Eastern District of Pennsylvania.

Represented plaintiff between two social networking website in Federal Court over copyright claims
Finnegan represented the plaintiff in a long-running copyright battle between two social networking websites in Massachusetts and California federal courts, which established new law on subject matter jurisdiction over copyright claims in federal court.

The world’s largest maker of construction and mining equipment, diesel and natural gas engines, and industrial gas turbines relies on us for patent protection
Since 2000, Finnegan has worked closely with the inventors and legal staff at Caterpillar Inc. The firm has prepared and is prosecuting several hundred patent applications in the U.S. and in many foreign countries. We have also assisted Caterpillar with many opinion matters involving issues of patent validity, infringement, and other subjects. During our relationship, we have also advised on intellectual property issues related to government contracts, licensing, and copyrights, and more recently, we have taken on a significant role protecting Caterpillar's well-known trademarks around the world.