Our Copyright Law Practice Areas

Many creators and businesses face uncertainty about how to protect their creative works or what to do when facing copyright disputes. We’ve worked with copyright matters for decades, including involvement in significant national copyright cases, and can help navigate these complex issues with you.

Copyright Disputes and Litigation

When copyright conflicts arise, having knowledgeable guidance can make all the difference. We handle all types of copyright disputes:

  • Responding to and sending cease-and-desist letters with clear, practical language
  • Representing clients in copyright infringement lawsuits while managing costs effectively
  • Handling Digital Millennium Copyright Act (DMCA) takedown notices and counter-notices on various online platforms
  • Resolving disputes over ownership and authorship before they escalate
  • Addressing issues of fair use and public domain with thoughtful analysis

Our depth of work in copyright litigation helps us spot potential legal issues early, which often allows us to develop preventative strategies that save clients time and resources.

Copyright Registration

Wondering if your work qualifies for copyright protection? We guide you through the registration process for all types of creative works, including:

  • Literary works
  • Musical compositions and sound recordings
  • Dramatic works and screenplays
  • Pictorial, graphic, and sculptural works
  • Audiovisual works, including motion pictures
  • Architectural works
  • Computer software and databases

We manage the entire registration process from application preparation to responding to Copyright Office inquiries. For many copyright registration services, we offer flat fees, giving you cost certainty from the start.

Copyright Licensing and Transactions

“How can I share my work while protecting my rights?” We hear this kind of question often. We draft and negotiate copyright licensing agreements and other contracts that help you monetize your creative works while maintaining appropriate control. Our work across various industries allows us to craft agreements that protect your interests and enhance the value of your copyrights.

Digital Media and Online Platforms

The digital landscape creates unique copyright challenges. We help you navigate these modern issues:

  • Advising on copyright concerns related to social media and user-generated content
  • Addressing online piracy and unauthorized distribution when your work appears where it shouldn’t
  • Developing clear policies for website terms of use and content sharing
  • Assisting with content moderation and takedown procedures
  • Navigating copyright issues in emerging technologies and platforms

Software and Entertainment Law

Our copyright practice connects closely with our work in software and entertainment law. We provide practical copyright guidance for:

  • Software developers and technology companies
  • Film and television producers
  • Musicians and record labels
  • Video game developers and publishers
  • Authors and publishing companies

We recognize the distinct copyright challenges that each creative field faces and offer thoughtful solutions to protect and leverage your creative works in ways that align with your business goals.

Frequently Asked Questions

What types of works are protected by copyright?

Copyright protection extends to original “works of authorship” that are fixed in a tangible medium of expression and show a sufficient level of creativity. This includes literary, musical, dramatic, and artistic works, as well as computer software, architectural plans, and much more. Copyright law does not protect mere ideas or concepts, but it does protect someone’s creative expression of those ideas and concepts, including characters in literary and other works. Likewise, copyright doesn’t protect single words or short phrases, but it can protect even just a few sentences if those sentences are sufficiently creative. There are other exceptions, but generally speaking, copyright protects much more than most people realize.

Do I need to register my copyright?

No, but it’s smart to register the copyright in important or valuable works before they can be infringed. Copyright protection exists automatically when a work is created and fixed in tangible form (i.e., no registration needed). However, registration offers vital benefits if your copyright is infringed. For one, registration is required to sue someone for infringement. Perhaps more importantly, registering your copyright before infringement takes place means you may be able to recover your attorney’s fees and statutory damages in a lawsuit. These rights are often critical in resolving a dispute without litigation, as the mere threat of attorney’s fees recovery and statutory damages strongly encourages the infringer to cease the infringing actions and come to the bargaining table.

How long does copyright protection last?

For a very, very long time. In the U.S., works created after January 1, 1978, generally enjoy protection for the author’s lifetime plus an additional 70 years. For works made for hire, anonymous works, and pseudonymous works, the duration is now 95 years from publication or 120 years from creation, whichever is shorter.

What is fair use?

Fair use is a legal doctrine that allows limited use of copyrighted material without permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. Determining fair use involves the balancing of factors such as the purpose of the use, the nature of the copyrighted work, the amount used, and the effect on the market for the original work. Because fair use is a highly subjective legal analysis based on the particular circumstances at hand, it is generally difficult to predict with certainty whether or not something constitutes fair use.

How can I protect my copyrights online?

Protecting copyrights online involves a combination of legal and practical measures, including registering your works, using copyright notices, implementing technological protection measures, monitoring for infringement, and taking prompt action against unauthorized use. In addition, most e-commerce and social media platforms follow the procedures of the Digital Millennium Copyright Act (DMCA), which allows copyright owners to have the infringing content removed (at least temporarily) by following the steps specified by the platform.

Learn more about copyright law through our educational resources.