Copyright & Content

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IP Maintenance Payments for Russian Rights

This May, OFAC issued a new General License authorizing certain transactions related to patents, trademarks, and copyrights otherwise prohibited by sanctions. 

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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

IP Maintenance Payments for Russian Rights

May 12, 2022

This May, OFAC issued a new General License authorizing certain transactions related to patents, trademarks, and copyrights otherwise prohibited by sanctions.

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.

In The News

SCOTUS To Look at ‘Fair Use’ in Warhol ‘Prince Series’ Case [WIPR]

October 11, 2022

Samuel Lewis was quoted in World Intellectual Property Review discussing how the U.S. Supreme Court has agreed to hear arguments on whether Andy Warhol’s “Prince Series” infringed a photographer's copyright, the outcome of which could change the law on ‘fair use’.

More Than 200 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch

August 22, 2022

210 Cozen O’Connor lawyers from 24 of the firm’s nationwide offices for inclusion in the 2023 edition of The Best Lawyers in America.

Seven Cozen O'Connor Attorneys Named IP Stars by Managing Intellectual Property

May 31, 2022

Seven members of Cozen O'Connor’s Intellectual Property Department, Frank Abramonte, Thomas Fisher, James Gale, Gregory Gulia, Shane Hardy, Hugh Marbury, and Camille Miller have all been named IP Stars by Managing Intellectual Property.

Warhol v Goldsmith Could Be ‘Biggest Copyright Case in Decades’

April 04, 2022

Samuel Lewis was quoted in Managing IP discussing the U.S. Supreme Court picking up a fair use case between the Andy Warhol Foundation and photographer Lynn Goldsmith over pictures of the late pop star Prince.

SCOTUS To Examine Fair Use in Warhol ‘Prince Series’ Case

March 29, 2022

Samuel Lewis was quoted in World Intellectual Property Review discussing how the US Supreme Court has agreed to hear arguments on whether Andy Warhol’s “Prince Series” infringed a photographer's copyright, the outcome of which could change the law on ‘fair use’.

A Stitch in Time: Untangling H&M V Unicolors

March 17, 2022

Lisa Ferrari spoke with World Intellectual Property Review about a dispute from five years ago over a geometric design pattern that wove a tapestry of misaligned judgments throughout the U.S. courts, even prompting an intervention by the U.S. government.

Think Before You Pin: Pinterest & Copyright

February 24, 2022

Edward Weisz spoke with Thomas Jefferson University discussing fair use, a section of the copyright law also called Title 17 of the United States Code that governs the protection of works while promoting scholarship.

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.

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

Hugh J. Marbury

Co-Chair, Copyright Practice

hmarbury@cozen.com

(202) 747-0781

People

Awards

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.

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.

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.

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.

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