Copyright & Content

Featured Publication:

The Price of Fame: Tiffany Settles 8-Year Lawsuit With Costco Over Use of Company Name in Ring Displays [Total Retail]

Edward Weisz and Keren Goldberger co-authored an article about how the Second Circuit Court of Appeals recently made clear that Tiffany’s 73 trademarks — many registered in connection with jewelry — will not protect it against others using “Tiffany” when that term has become commonly used to describe a particular six-prong diamond ring setting.

More

Copyright is among the oldest and most enduring areas of law in the United States and it is now tasked with protecting content in a high-tech, digitized world that severely tests any effort to maintain ownership and control. As copyright law continues to evolve to address the realities of the modern marketplace, clients must have counsel who are one step ahead — who can see the law as it is and as it will be.

Cozen O’Connor’s team includes leading participants in the national debate over copyrights and content rights in the digital era, including a member of the American Law Institute’s Restatement of the Law – Copyright select committee, charged with developing the definitive guide to modern copyright law. Many of our attorneys are also content creators themselves, which gives them a unique perspective on the needs and concerns of copyright clients.

The firm serves global content creators, owners, users, and buyers with a diverse range of interests in the copyright field. We represent artists, designers, photographers, writers, software engineers, and musicians who seek to benefit fairly from their creative contributions and startups, nonprofits, and corporations who seek efficient and reliable access to content.

Prosecution & Counselling

The advising and transactional side of our practice is particularly robust, with attorneys regularly counselling clients on questions of copyrightability, registration, ownership, assignment, licensing, and fair use. Timeliness is critical to preserving rights and responsibilities under copyright law, so Cozen O’Connor works closely with both producers and buyers of content to implement proactive mechanisms for registering, monitoring, and enforcing copyrights.

Disputes & Litigation

The frequency and significance of copyright claims is unquestionably increasing, in part because copyrights are generally less expensive to advance than other IP rights and are subject to fee shifting and statutory damages provisions. With a national footprint and 60-member IP group, Cozen O’Connor has significant experience with filing, negotiation, and trial strategy in the copyright context as well as the capacity to handle major claims anywhere in the country.

Services

  • Determine copyrightability
  • Register for copyright protection
  • Obtain clearances for copyrighted works
  • Analyze complex ownership and assess client rights
  • Advise on portfolio and negotiate licensing agreements
  • Litigate copyright disputes as both plaintiff and defendant
  • Assist with major transactions involving copyright licensing and ownership issues
  • Navigate open-source licensing issues and other public content licensing schemes
  • Strategic advice on first-sale doctrine, reproduction, distribution, fair use derivative work rights, work-for-hire, assignment agreements, Digital Millennium Copyright Act, Orphan Works, and database protection.

Experience

Publications

Taylor Swift’s copyright battle: Inspiration or infringement? [World Intellectual Property Review]

January 07, 2022

Edward Weisz and Keren Goldberger co-authored an article about Taylor Swift's infringement suit with one of her songs reflecting the complex copyright issues facing musicians.

Stairway to Heaven: End of the Inverse Ratio Rule Apophthegm [Daily Business Review]

March 16, 2020

Samuel Lewis wrote an article about the U.S. Court of Appeals for the Ninth Circuit's decision on a intellectual property case involving the Led Zeppelin song "Stairway to Heaven."

4 Reasons Software Copyright Lawsuits Are On The Rise [Law360]

December 13, 2019

Hugh Marbury and Armeen Mistry wrote about why there has been an increase in software copyright lawsuits.

Fox News v. TVEyes: Implementing Internal Policies to More Likely Remain Within the Realm of Fair Use [Intellectual Property Alert]

March 01, 2018

Hugh Marbury and Alanna Miller discuss Fox News v. TVEyes and how the Second Circuit is setting up case law that differentiates similar technologies within different industries.

Copyright Monkey Business [Digital Photo Pro]

July 18, 2017

Samuel Lewis, a member of Cozen O'Connor's Intellectual Property department, discusses a recent photo copyright case on Digital Photo Pro.

In The News

Wizards and Demons: Does a Copyright Claim Spell Trouble for Card Gamers?

September 20, 2021

Lisa Ferrari spoke with World Intellectual Property Review about a problematic copyright grant that has upset players of the card game, Magic: the Gathering.

More Than 205 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 19, 2021

Best Lawyers selected 210 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2022 edition of The Best Lawyers in America.

YouTube’s ‘Checks’ copyright system: what lawyers think

April 09, 2021

David Sunshine was quoted in World IP Review discussing YouTube's new ‘Checks’ system.

Cozen O’Connor Recognized as a “Best Law Firm” in 25 Practice Areas Nationwide, 115 Practice Areas Regionally

November 05, 2020

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 25 practice areas nationwide and 115 practice areas regionally.

BuzzFeed’s Loss in Photo Case Affirmed by Second Circuit

August 13, 2020

Samuel Lewis was quoted in Bloomberg Law discussing copyright management information and BuzzFeed being liable under the Digital Millennium Copyright Act for altering a photographer’s credit for a picture and publishing the photo in an article without permission.

Camille Miller Honored by Corporate LiveWire

February 10, 2020

Camille Miller was named the Corporate LiveWire IP Dispute Lawyer of the Year.

Cozen O’Connor Recognized As a Best Law Firm in 24 Practice Areas Nationwide, 106 Practice Areas Regionally

November 05, 2019

The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations and peer review from leading attorneys in their field.

Four Cozen O'Connor Attorneys Named Managing Intellectual Property IP Stars

October 15, 2019

Four members of Cozen O'Connor’s Intellectual Property Group, Frank Abramonte, Thomas Fisher, James Gale, and Hugh Marbury, have all been named IP Stars by Managing Intellectual Property.

138 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 28, 2019

Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.

Cozen O’Connor’s Western Expansion Continues as the Firm Adds Two Attorneys From Seed IP Law Group to its Seattle Office

August 21, 2018

In a move that significantly enhances its Seattle office and expands its IP practice on the west coast, Cozen O’Connor today announced two attorneys from Seed IP Law Group LLP, Frank Abramonte & Lorraine Linford, have joined its fast-growing global IP Practice.

100 Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 23, 2017

Lawyers were selected for inclusion in the 2018 edition based on a rigorous peer-review that has been developed and defined for more than 30 years.

Contacts

Lisa A. Ferrari

Co-Chair, Copyright Practice

lferrari@cozen.com

(212) 297-2699

Samuel A. Lewis

Co-Chair, Copyright Practice

slewis@cozen.com

(305) 397-0799

People

Awards

Cozen O’Connor Recognized as a “Best Law Firm” in 25 Practice Areas Nationwide, 115 Practice Areas Regionally

November 05, 2020

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 25 practice areas nationwide and 115 practice areas regionally.

Camille Miller Honored by Corporate LiveWire

February 10, 2020

Camille Miller was named the Corporate LiveWire IP Dispute Lawyer of the Year.

Related Practice Areas

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