Copyright laws provide a collection of important and significant rights that impact many aspects of business operations. Whether you are a creator of the work seeking to protect the work itself, someone who seeks to co-develop, build upon, or license works of another, or someone trying to navigate the complexity involved when issues of misuse of copyrighted works arise, we are there to assist and guide you through the nuances of the law.
Who We Are
We are lawyers who have handled transactional and complex dispute issues arising under copyright laws for:
- Creators, owners, and licensors (i.e. artists, authors, musicians, software and code creators, photographers, graphic designers, toy manufacturers, educators, website designers, social, mobile and online game designers, 3-D printing and additive manufacturers, and other content creators in a variety of media);
- Individuals and companies creating a derivative work from an existing work (all media)
- Publishers (i.e. traditional print and media, as well as social, mobile, and online content);
- Distributors (all forms of distribution); and
- Displayers (all forms of display) of copyrighted or copyrightable works.
How We Help
Copyright rights exist when an original work is created and fixed in a tangible medium. This means that once an original work is conceived and saved in a format that others can perceive, it is protected by copyright.
We help clients at all stages of the copyright lifecycle. We work with clients to evaluate the necessity and approach to correctly register the works with the Copyright Office. We strategize with and counsel clients on the various rights held under the Copyright Act for creating copies and derivative works, engaging in distribution, performing, and displaying protected works.
We also help copyright owners monetize their rights through a variety of means. This includes negotiating and drafting licenses for businesses and individuals who seek to use, display, and distribute the works of another and assisting with the sale or assignment of some or all the rights protected by copyright.
If infringement occurs, we help clients combat misuse of their works on social media and work with clients to get unauthorized works taken down. Recovery under the Copyright Act for infringements involves monetary awards (statutory damages and disgorgement of profits, proportionality, attorney fees, and costs), as well as non-monetary relief, such as injunctive relief, and orders of destruction. We have obtained powerful recoveries for clients under all areas of recovery and have also successfully defended against such requests.
When complex disputes arise, we have experienced copyright trial lawyers who untangle the complex web of ownership and license scope issues, registration and its requirements, invalidity, scope of copyright protection of original or derivative works, fair use, scènes à faire, as well as issues of access and substantial similarity. We have experience with cutting-edge technology and its impact on copyright protections.
We also provide counseling with respect to attribution rights under the Digital Millennium Copyright Act (DMCA) and work with clients to enforce their attribution rights and secure monetary awards and injunctive and other relief.
Additionally, we also provide enforcement against counterfeit goods.
Why Clients Chose UB Greensfelder: Experience. Responsiveness. Results.
We have deep passion for and experience with all types of creators, all types of media, a variety of distribution mechanisms, and all avenues of enforcement. We know copyright issues from both the enforcement and defense side, which helps us guide clients in risk management and understanding the rights of others.
We remain on top of technological advancements and their impact on creating copies, derivative works, and the distribution and display of those works. We help clients (and judges and juries) understand how copyright rights are impacted and require license or payment.
We have successfully tried copyright matters to jury and have obtained some of the largest copyright verdicts in the state. Additionally, we have successfully defended unfounded claims of copyright infringement by clear demonstration of our clients’ lawful actions.
Representative Matters
- Represented toy manufacturer in an overall IP strategy comprising securing copyrights, licensing and distribution agreements and transactions, and enforcement.
- Represented a well-known Grammy award-winning music group in two substantive music copyright cases.
- Represented a global corporation in a software copyright matter.
- Representing a social, mobile and online gaming company with licensing dispute, and copyrighted games in various distribution channels.
- Won a state record jury verdict and judgment for Copyright infringement claim against widespread misuse in the social, mobile and online gaming platforms.
- Represented multiple clients in the toy industry in sculptural arts cases.
- Facilitated anti-counterfeiting programs in the fashion and apparel industries, consumer goods industries, and music industries.
- Successfully represented a client in a jury trial in a DMCA case.
- Assist numerous clients in securing copyright protection for their photographs and literary works, review of licensing arrangements and transfer agreements.
