Copyright

Overview

“Blank Rome provides a holistic offering that allows the team to act on an array of litigation, transactional, and prosecution matters across the spectrum of IP rights and technologies.”

Chambers USA

It is safe to say that every company that owns a website, has created a unique brochure, developed unique artwork or taken photographs of its products is a copyright owner.  As such, copyrighted works are an integral part of the intellectual property portfolio of so many of our clients. While in some cases certain assets may be covered by both copyrights and either design patents or trademarks, there are many instances when copyright law is the primary means of the protection of the particular asset.

Whether the tangible expression involves computer software, technical drawings, works of art, architectural works, mask works, jewelry, music, literary works, or videos of fictional characters, Blank Rome attorneys have the necessary experience to guide our clients through the protection or enforcement of their rights.

How We Can Help

Copyright Prosecution

We assist with every phase of the copyright application process—from initial consultation through drafting the application, conferring with the U.S. Copyright Office, and, if necessary, appealing actions through the administrative process and prosecuting them in a U.S. district court and the appropriate court of appeals. Further, through our international network of associates, we are able to assist with registering copyrights around the world.

Copyright Licensing & Contracts

Our copyright attorneys have experience both as in-house attorneys for copyright owners as well as outside consulting and litigation counsel. We assist with licensing and contract negotiations regarding publishing rights, syndication, and distribution of copyrighted material.

Copyright Enforcement & Litigation

As litigators, we have a long and successful history of working on copyright cases involving literary works, computer code, architectural works and drawings, sound recordings, and multimedia. Whether championing the originality and authorship of our clients’ creative work, or arguing vigorously against allegations of copyright infringement, we have the ability to navigate complex and notoriously difficult areas of copyright law.

Experience

  • Manufacturer of computer and digital music products, in a landmark ITC case where complainant was seeking relief against patent and copyright infringement of technical circuitry by imports from Taiwan and Hong Kong. Hearings raised domestic industry issue because of company’s foreign manufacture of certain components. ITC issued exclusion order against articles that infringed patent and copyrights, including components that contributorily infringed copyrights.
  • Pursued and defended against claims of copyright infringement for worldwide recording companies.
  • Aided in securing U.S. copyright protection for logo for a family-owned and -operated winery and importer.
  • Successfully defended one of the largest independent CD-ROM software developers, publishers, and distributors specializing in the licensing of educational and family entertainment software in a federal copyright-infringement litigation.
  • Assisted in federal copyright infringement litigation alleging copying of computer software for a professional healthcare provider.
  • Provided copyright advice and secured copyright registrations for product character logos and product packaging.
  • Represented NCO in copyright litigation for world's largest provider of outsourced accounts receivable management services.
  • Successfully enjoined a rival publisher and Web site developer that were making unlawful use of a leading publishing company’s copyrighted magazines and photographs.
  • Defending one of the world’s largest toy retailers in a litigation matter pending in Florida relating to the proposed retail sale of a videogame.
  • Defended a leading flag supplier for the U.S. government in copyright litigation.
  • Major Internet company on management of copyright issues.
  • Conducted due diligence for major lender on portfolio of over 1,000 movie and television titles pledged as collateral in $20 million loan.
  • One of the world’s largest software providers, in connection with acquisition of over 2,600 copyright registrations as part of a $1.7 billion acquisition and resecuritization of assets.

Team