Copyright impacts all who create and use original work, and protects everything from purely artistic and creative works to materials as varied as marketing materials and logos to computer software, non-fungible tokens (NFTs) and architecture.
We view your business as your work of art. We are aware of how much time, resources, and passion goes into creating a masterpiece, so we want to make sure your masterpiece is properly protected.
Your business is your masterpiece
It is easy to mistake copyright as an issue only pertinent to artists, authors, and musicians. But, copyright impacts all who create and use original work, and protects everything from purely artistic and creative works to marketing materials, logos and other designs, brochures, social media, website designs, podcasts, sound recordings, texts, databases, product design and packaging, instruction manuals, fashion designs, computer software, non-fungible tokens (NFTs), maps, and architecture.
You focus on your craft, we’ll focus on protecting your art
Oscar Wilde may have been correct that “imitation is the sincerest form of flattery,” but when it comes to your business and livelihood, flattery is not sufficient to compensate you for the unauthorized “imitation” or theft of your creative works. The copyright laws serve to protect you from such unauthorized uses, but those laws will be of little value if you have not taken the necessary steps to reap their benefit. We understand those laws and proactively counsel clients on how to identify, protect, monetize, and cost-effectively enforce their most valuable business assets – their art – both in the United States and abroad.
Whether you are creating original works or relying on third-party creation — Our Team Can Assist
Our perspective on copyright issues blends hands-on industry experience with a wealth of collective experience in legal practice. Our team members each have their own distinct background and experience. Some have years of art and entertainment industry experience, while others entered the legal industry after having first pursued education and careers in business administration, non-profit administration, engineering, chemistry, technology and other disciplines.
We partner with you to protect your portfolio and offer counsel on:
- Registration, recordation, maintenance, and due diligence
- Drafting and negotiating development, collaboration, publishing, and work-for-hire agreements, as well as licenses and assignments of all levels of complexity
- Counseling clients on the propriety and appropriate use of third-party works
- Assisting clients on both sides of copyright disputes
- Conducting audits for clients to identify opportunities for registration and monetization
- Identifying potential licensing revenue streams
- Ascertaining potential risks to be addressed
- Assisting with formal corporate transactions
- Related litigation and bankruptcy counseling
Our knowledge is your power
Our practice also includes counseling business creatives on how to properly use third-party creative works, whether that be through formal licensing arrangements or counseling clients on whether a use truly is “fair,” one of the most commonly misunderstood doctrines in copyright. Misuse of copyrighted materials, intentional or “innocent,” can result in claims, litigation, and distraction that no company needs or wants. Education is the best defense, and we work with our clients to familiarize them with key copyright considerations when developing content that may incorporate the work of others.
- Copyright & DMCA Litigation
- Licensing & Corporate Transactions
- Patent Litigation
- International Trade Commission Patent Litigation
- Patent Trial and Appeal Board Proceedings
- Patent Portfolio Management
- Trademark Litigation & Brand Enforcement
- Trademark Portfolio Management
- Brand Counseling & Strategy
- Trademark Trial & Appeal Board Proceedings
- Trade Secrets
- Negotiated a favorable settlement for a musician whose musical works were infringed by a major European record label.
- Serve as copyright counsel to major media company in connection with the development, launch, protection, and enforcement of its NFT business.
- Serve as copyright counsel to major NFT technology company with respect to copyright considerations attendant to its business.
- Successfully represented the estate of a well-known author in defending claims of copyright infringement and a demand for accounting in federal court.
- Represented a professional writer in a multi-year federal copyright infringement action against a major film studio and distributor.
- Negotiated numerous favorable settlements on behalf of clients accused of copyright infringement arising from the alleged unauthorized use of photographs on their websites, social media, and other materials.
- Represented a graphic designer in the assignment of artwork to be used in all aspects of a major band’s marketing and branding.
- Represented multiple clients in connection with the successful termination of transfer of copyrights pursuant to Sections 203 and 304 of the U.S. Copyright Act.
- Represented a well-known New York-based gallery in the enforcement of copyrights and related licensing and consignment deals.
- Serve as counsel to a well-known California-based jeweler in connection with the protection and monetization of copyright-protected works and designs.
- Serve as outside copyright counsel to multiple major media companies in connection with all aspects of their copyright portfolio.
- Successfully enforced the copyrights of numerous clients without the need for litigation, and successful pre-litigation defense against baseless infringement claims.
- Serve as counsel to numerous clients successfully monetizing copyrights through acquisition and/or disposition of those assets.
- Serve as counsel to multiple authors and screenwriters in connection with the exploitation of their work including, for example, the negotiation of publishing deals, co-authorship arrangements, life story rights agreements, and “ghost writer” agreements.