Copyright

Copyright is the area of intellectual property law which provides creators with exclusive ownership and all other rights to their original works of authorship. These works include books and other publications, visual art, architecture, musical compositions and recordings, motion pictures, computer source code, and other creative works.

Individuals create copyrighted works for businesses. Businesses utilize copyrighted works in their regular operations and for special projects. Thoughtful strategies and processes to develop, identify, manage, monetize and protect these works, and to understand and comply with laws applicable to their use, reflect best practices and enhance business value.

Our attorneys have legal knowledge and are conversant with standards and customs for transactions in the copyright industries. We represent clients whether as creator, licensee, licensor, distributor, or other participant, across various distribution channels and media.

What We Do for Clients–Transactions and Dispute Resolution

Taft’s copyright attorneys advise and help individuals, for-profit enterprises, and tax-exempt organizations work with copyright and copyright laws, to support their creative, commercial and charitable objectives.

Drawing on a structured internal curriculum and deep experience, we combine copyright knowledge and industry familiarity to deliver practical, commercial advice and solutions to support our clients’ operations and projects.

We advise clients on creating, owning and utilizing copyrighted works, helping them avoid disputes while maximizing the quality and value of their intellectual property portfolios.

Transactions–Counseling, Contracts, and Compliance

Our transaction services include:

• Performing copyright audits and preparing copyright use and clearance policies and procedures–inventorying a business’ use of internally-prepared and third party copyrighted works and advising on best practices for business and risk management.
• Advising on legal areas germane to copyright ownership such as work-made-for-hire and joint authorship.
• Advising on U.S. Copyright Office registration procedures, and preparing registration applications and liaising with the U.S. Copyright Office.
• Working with clients on copyright transfer and licensing projects, and preparing and negotiating deal documentation.
• Representing clients on publishing, documentary film and other rights centric transactions.
• Performing copyright lineage diligence for mergers, acquisitions, and catalog sales.
• Analyzing the copyrightability of works of authorship involving artificial intelligence.
• Providing compliance advice as to music licensing laws and requirements of the performing rights organizations, and related rate setting.
• Providing advice as to plagiarism, defamation, invasion of privacy, and related rights areas.

We work to develop practical, business-oriented solutions to projects, whether as to a client’s internal processes or viable alternatives to structuring a rights transaction.

Dispute Resolution–Counseling, Enforcement, and Resolution

Our dispute resolution services include:

• Enforcing and defending copyright infringement claims, through litigation or alternative dispute resolution proceedings, and structuring and negotiating dispute settlements.
• Representing clients as to infringing website content, copycat websites, and social media, through takedown and other online procedures under the Digital Millennium Copyright Act (DMCA) and service provider requirements.
• Representing clients as to the unlawful sale of infringing products on the Internet.
• Advising as to the impact of international copyright laws in infringement litigation.
• Advising clients who are contacted by non-practicing entities (copyright trolls).
• Seeking emergency judicial action such as injunctions, to stop third party misuse of client works.

We align litigation strategy with broader IP portfolios, often coordinating with Taft’s trademark, patent, technology, and intellectual property litigation teams, to protect and enhance the overall value of our clients’ assets.

To learn more about Taft’s intellectual property litigation experience, please click here.

Technology

Our copyright attorneys advise as to matters where copyright and technology intersect, such as:

• Computer software and database licensing,
• Artificial intelligence,
• Online and website publishing, and
• Digital distribution and end user contracting.

 Community Engagement

Taft’s copyright attorneys serve on the boards of directors and volunteer in other ways for non-profit organizations directly involved in copyright, including a metropolitan orchestra, a community concert and events venue, a music and performing arts school, a local fashion alliance, lawyers for the creative arts, and others.