Copyright, Content, and Platforms

Overview

BakerHostetler’s experience in handling copyright issues in media spans more than 95 years. In that time we have been there alongside our clients as they grappled with changes in the way content is distributed, copied, and created.

We represent a range of clients from individuals and start-ups to some of the world’s largest content providers, including publishing companies, television and radio networks, film studios, performance rights societies and recording and production companies, online media companies, and professional sports leagues. Our team of sophisticated attorneys and professionals utilizes its experience in software and reproduction technologies, along with its depth of knowledge in intellectual property, media, and Internet law, to remain at the forefront of legal issues, including those created by evolving technologies. This broad base of knowledge and skills allows us to provide our clients with focused solutions in a cost effective manner, regardless of industry type or company size.

Intellectual property strategies must adapt to evolving content delivery methods, such as Bit Torrent, HTML5, and 3D printing, to protect both innovators of and participants in the new digital frontier. Our seasoned team carefully examines all aspects of our clients’ needs and provides a full array of services, including litigation of all types of rights related issues, sophisticated transactions, traditional prosecution, and portfolio management.

Working across practice groups and with attorneys throughout the firm, our team counsels clients in copyrights and trademarks, trade secrets, licensing agreements, IP business strategies, and, when pertinent, patent procurement. We represent clients in all kinds of content industries—including musicians and music companies, graphic novelists and large publishers, gamers and the biggest software providers, and content creators for whom descriptions are still being invented. Our team regularly litigates copyright cases in federal courts nationwide, with cases ranging in focus from well-known musical compositions and works of fine art to jewelry designs and software. We manage copyright matters in contexts that include variable printing technologies, Internet advertising, cryptography hard disk cache algorithms, network administration, and security and automated payment systems. We also enforce rights under the Digital Millennium Copyright Act, including issuing “John Doe” subpoenas to learn the identities of anonymous infringers. Our attorneys have represented everyone from Elvis Presley to Microsoft.

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Areas of Focus
  • Counsel on effective and appropriate use and protection
  • Assist with rights clearance
  • Registration practice
  • Copyright enforcement programs
  • Prosecute and defend infringement claims
  • Negotiate and prepare appropriate consents, licenses, and releases
  • Develop internet policies, terms and conditions, and website review
  • Monitor legislation that impacts on copyright rights and usage
  • Internet delivery and infringement issues
  • Brand management, competition, and advertising issues
  • Licensing
  • Internal investigations
  • New media/emerging technologies
  • Social media

Select Experience

  • Counseling a rapidly expanding distance learning platform provider to prestigious higher education institutions in connection with intellectual property protection and licensing.
  • Successfully defended client in copyright infringement action against an advertising agency that created an auto dealership marketing campaign on YouTube.
  • Obtained a successful resolution of an infringement claim by Facebook.
  • Obtained a jury verdict, which was upheld on appeal, in action brought by a songwriter in connection with a copyright ownership dispute in a musical composition used by the Black Eyed Peas.
  • Obtained recent jury verdicts in copyright and trademark ownership and infringement actions in federal district courts in New York, California, Arizona, and Louisiana, all which were upheld on appeal.
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Professionals

Name Title Office Email
Partner New York
Partner Philadelphia
Partner Costa Mesa
Partner Philadelphia
Partner Los Angeles
Associate Philadelphia
Associate Atlanta
Counsel Philadelphia
Partner Washington, D.C.
Partner New York
Partner Atlanta
Partner Washington, D.C.
Partner Houston
Counsel Philadelphia
Partner Chicago
Counsel New York
Partner Los Angeles
Partner New York
Partner New York
Partner Atlanta
Staff Attorney Cleveland
Partner Philadelphia
Associate New York
Partner New York
Partner Atlanta
Partner Cleveland

Experience

  • Counseling a rapidly expanding distance learning platform provider to prestigious higher education institutions in connection with intellectual property protection and licensing.
  • Successfully defended client in copyright infringement action against an advertising agency that created an auto dealership marketing campaign on YouTube.
  • Obtained a successful resolution of an infringement claim by Facebook.
  • Obtained a jury verdict, which was upheld on appeal, in action brought by a songwriter in connection with a copyright ownership dispute in a musical composition used by the Black Eyed Peas.
  • Obtained recent jury verdicts in copyright and trademark ownership and infringement actions in federal district courts in New York, California, Arizona, and Louisiana, all which were upheld on appeal.
  • Successful resolution of litigation concerning compensation for digital exploitation of musical and audiovisual properties.
  • Obtained judgment, which was upheld on appeal, for a large media company in connection with foreign and digital royalties.
  • Obtained successful resolution of right-of-publicity action brought on behalf of a musician against a Broadway show.

Recognition

  • Chambers USA: Intellectual Property:
    • Trademark & Copyright in New York (2014 to 2017)
    • Georgia Intellectual Property (2018)
      • Band 4
    • Ohio Intellectual Property (2018)
      • Band 2
    • Pennsylvania Intellectual Property (2018)
      • Band 1
    • Recognized Practitioner: Intellectual Property Litigation in District of Columbia (2018).
    • Recognized Practitioner: Intellectual Property Patent Prosecution in District of Columbia (2018).
    • Recognized Practitioner: Intellectual Property Trademark, Copyright & Trade Secrets in New York (2018). 
    • Recognized Practitioner: Trademark, Copyright & Trade Secrets in the District of Columbia (2015 to 2017)
  • Chambers USA: Nationwide Privacy & Data Security (2013 to 2018)
    • Chambers USA Privacy and Data Security- Healthcare Spotlight Table (2018)
  • The Legal 500 United States: Intellectual property - Copyright (2015, 2016, 2018)
  • U.S. News – Best Lawyers "Best Law Firms" Copyright Law (2017)
    • National Tier 2
    • Metro Philadelphia, Tier 1
  • Recognized as one of the top law firms for client service, BakerHostetler was named to the 2019 BTI Client Service 30 for the fifth consecutive year.

News

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In The Blogs

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Copyright, Content, and Platforms
Part 3: Companies Are Not Complying With the Safe Harbor Provision of the DMCA
August 22, 2019
Protection From Additional Liabilities Once a company is found ineligible for DMCA safe harbor, it is vulnerable to be found liable for copyright infringement claims. Copyright holders may pursue secondary liabilities such as vicarious...
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Copyright, Content, and Platforms
Part 2: Companies Are Not Complying With the Safe Harbor Provision of the DMCA
By Craig L. Cupid
August 15, 2019
Compliance With Notice and Takedown Provisions of the DMCA In 17 U.S.C. § 512, subsections (c) and (d), special notice and takedown provisions are outlined for OSPs that host copyrighted materials on their platform or contain links to...
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Copyright, Content, and Platforms
Part 1: Companies Are Not Complying With the Safe Harbor Provision of the DMCA
By Craig L. Cupid
August 8, 2019
Introduction The most recent changes to U.S. copyright rules driven by the Digital Millennium Copyright Act (DMCA) became effective on Dec. 1, 2016. However, a considerable time after the effective date, many companies have yet to fully...
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Copyright, Content, and Platforms
Supreme Court Clarifies Meaning of ‘Full Costs’ in Section 505 of Copyright Act
March 29, 2019
In Rimini Street, Inc. v. Oracle USA, Inc.,[1] a unanimous Supreme Court recently held that 17 U.S.C. § 505’s award of “full costs” is limited to the specific categories of costs defined in 28 U.S.C. §§ 1821 and 1920, which exclude expert...
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Data Privacy Monitor
Fernando Bohorquez Participates in Compliance Week Podcast: Navigating the Pitfalls of Geolocation Data
By Fernando A. Bohorquez Jr.
January 2, 2015
The media recently reported that app-based ride sharing service Uber misused the company’s real-time location feature to track customers without their consent. Photo-sharing app Snapchat recently faced a complaint from the Federal Trade...
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