We believe © should be a mark of distinction.
Copyrights protect "original works of authorship," including literary, technical, musical, artistic, dramatic, and other works, both published and unpublished, that are fixed in a tangible medium. Copyrights protect the fixed expression of an idea or fact, but do not protect the underlying ideas, procedures, methods of doing business, concepts, or discoveries. The copyright attorneys of Howard & Howard understand the value of ideas and are skilled in preserving and enhancing these ideas.
Our copyright attorneys are experienced in the full spectrum of creative works and media, such as:
- Books and articles
- Photography and video
- Musical compositions and spoken word recordings
- Software, e-commerce, and website content
- Multimedia and audiovisual works
- Artwork and graphic design
- Toys and games
- Animation and cartoon characters
Our clients are equally diverse and include manufacturers, distributors, publishers, software and technology companies, illustrators and artists, photographers, composers, entertainers, healthcare providers, print and broadcast media, and academia. From initial copyright filing to far-reaching commercialization, we work closely with our clients to develop a complete intellectual property strategy, including the enhancement of IP rights under copyright law.
Securing and monetizing a copyright can involve many tasks, sometimes requiring assistance from our network of premier IP lawyers around the world. We work with our clients throughout the entire process, including:
- Obtaining U.S. and foreign copyright registrations including complex, difficult, or expedited registrations in contemplation of litigation
- Advising on development, ownership, licensing, distribution, and infringement issues
- Drafting licensing agreements, assignments, and work-for-hire contracts
- Negotiating literary, personal use, and syndication rights
- Assessing fair use, freedom-to-use, and public domain considerations
- Clearing advertising, media, marketing, and internet content
- Enforcing copyrights and defending against infringement
- Determining the value of copyrights in connection with merger and acquisition due diligence
When infringement is discovered, we quickly file for injunctions, send and respond to cease-and-desist requests, issue Digital Millennium Copyright Act takedown notices to internet service providers, and pursue out-of-court solutions. Additionally, our litigators enforce clients’ rights in the courts, arbitration, and other dispute resolution forums. If necessary, we initiate seizures of infringing materials and pursue or defend claims internationally under the Universal Copyright Convention and the Berne Convention for the Protection of Literary and Artistic Works.
Copyrights affect our lives each day in seen and unseen ways. Clients look to the highly skilled copyright lawyers at Howard & Howard to shed light on issues and risks, provide legal counsel informed by broad business perspectives, and deliver solutions custom-tailored to their business goals.