Creative works are often the soul of an artist, and of a business. Musical works, film, books, photographs, paintings, drawings, architectural works, software, and other “original works of authorship” have had protection under the U.S. Constitution and the Copyright laws. Those seeking protection must, however, ensure that their original works meet certain requirements, especially if the copyright holder wishes to enforce his or her rights in court. Moreover, successfully exploiting a copyrighted work – by distribution, license, or other means – can itself be one of the most important elements facing the creator.
Enforcing, and determining the scope of, the exclusive rights held by a copyright owner can be challenging. Issues such as determining what is in the public domain, the applicability and scope of fair use, whether a claimed “work” is in fact copyrightable, the creation of and rights to derivative works, ownership of “works made for hire,” and authorship of the work itself may come into play. Experience in all these issues, as well as procedures in applicable courts, become critical when copyright claims are litigated.
Our Intellectual Property team is well versed in helping business and individuals negotiate the often-complex maps for copyrights. We assist and counsel our clients regarding the creation of copyrightable works, including proactive steps to ensure that the proper person or entity is considered the author and owner. Once created, we help our clients exploit their creations, negotiating and crafting licenses, joint venture agreements and other contracts designed to optimize their work.
When the course of events becomes more acrimonious, our litigators can analyze the circumstances, and assist our clients in asserting or defending claims of infringement or other misuse. Where litigation is the result, our depth of trial experience allows us to effectively and efficiently pursue our clients’ goals in any tribunals.
Whether you are an individual author or artist, a large corporation whose employees develop written or other works, or someone concerned about copyright claims that may be made by or against you, our Intellectual Property team is prepared to assist.