The firm’s Copyright Practice has broad experience in copyright and content protection technology; copyright litigation; and software, music, and sound recording litigation and licensing. Recognized in numerous rankings, including the 2018 “Best Law Firms” rankings published annually by U.S. News & World Report, the Copyright Practice has been praised as among the best in the country by The Legal 500, which has noted that the firm “provides ‘superior service’ in the copyright law space” (2011) as well as “a hard-to-find combination of technical knowledge and practical legal advice,” and is recognized for expertise “relating to online and emerging technology” (2012). The quality and diversity of the Practice has garnered recognition from Chambers USA, where the Group has been ranked among the directory’s leading Trademark, Copyright & Trade Secrets practices in Washington, DC. Chambers commends the Practice for its “considerable litigation experience…coupled with technical excellence” (2012), and sources tell the directory that the Group’s attorneys “display sound commercial sense” (2013).

Copyright Infringement Enforcement and Litigation

  • Obtaining appellate court ruling on behalf of a major entertainment company that “willful blindness” to infringement is knowledge of infringement and that the “right and ability to control” infringing activity does not require knowledge of infringement under the DMCA safe harbor, 17 U.S.C. § 512(c).
  • Developing and implementing intellectual property enforcement campaigns for consumer product and luxury goods manufacturers – which involves filing numerous federal district actions across the country based on claims of copyright infringement and related IP, tort, and computer fraud claims.
  • Obtaining a judgment in the maximum amount of available “statutory damages” against a website operator for unauthorized “scraping” and replication of our client’s website. 
  • Obtaining dismissal of a suit against a major entertainment company for alleged knowing misrepresentations in takedown notices under the DMCA, 17 U.S.C. § 512(f).
  • Obtaining broad injunctive relief on behalf of a publisher client to disable sites and services used for unauthorized distribution of publications.
  • Obtaining a jury verdict of willful infringement and an award of “statutory damages” in the amount of almost $20 million in favor of our publisher client for repeated intranet and email infringement of its financial newsletter by a major brokerage house and engaging in ongoing enforcement of the copyright rights of newsletter publisher clients.
  • Conducting software audits on behalf of software copyright owners.
  • Advising third-party payment processors, Internet service providers (ISPs), and technical service providers regarding compliance with injunction orders, subpoenas, and Digital Millennium Copyright Act (DMCA) takedown requests, as well as pirate practices and tendencies for host and domain name “hopping”.
  • Defending radio stations, political associations, and other media and technology clients accused of infringing copyrighted works.
  • Advising clients regarding anti-circumvention provisions of the DMCA, 17 U.S.C. § 1201.

Copyright Policy, Legislative and Regulatory Activities

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