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 Los Angeles
Partner New York
Partner Philadelphia
Partner New York
Partner Costa Mesa
Partner Philadelphia
Partner Los Angeles
Associate New York
Associate Atlanta
Associate Philadelphia
Associate New York
Partner Washington, D.C.
Partner New York
Counsel Philadelphia
Partner Chicago
Counsel New York
Partner Los Angeles
Associate New York
Partner Cleveland
Partner New York
Partner New York
Partner Atlanta
Partner Atlanta
Partner Philadelphia
Associate New York
Associate Costa Mesa
Associate New York
Partner New York
Of Counsel Los Angeles
Partner Cleveland
Partner New York
Associate Los Angeles

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: Trade Mark & Copyright in New York (2014 to 2016)
  • The Legal 500 United States: Intellectual property - Copyright (2015, 2016)
  • BTI Client Service 30: BakerHostetler advanced 19 positions to #9 (2016)
  • U.S. News – Best Lawyers "Best Law Firms" Copyright Law (2017)
    • National Tier 2
    • Metro Philadelphia, Tier 1

News

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Press Releases

Publications

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Key Contacts

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In The Blogs

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Copyright, Content, and Platforms
You Might Want to Turn Down for That: Lil Jon and DJ Snake Sued for Copyright Infringement
May 11, 2017
On May 4, 2017, Golden Crown Publishing, LLC, the publishing company behind Freddie GZ’s song Turn Down for What, sued Lil Jon and DJ Snake in the Southern District of New York, alleging that their hit song by the same name infringes on...
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Copyright, Content, and Platforms
FTC Turns Attention to Social Media Influencers Working for Advertisers
By Stephanie A. Lucas
May 5, 2017
For years the Federal Trade Commission (FTC) has made clear to advertisers that they are responsible for messages on social media by their employers or by consumers and celebrities and other influencers with which they have a material...
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Copyright, Content, and Platforms
H.R. 1695 Introduces Major Reforms to the U.S. Copyright Office
March 28, 2017
A bill was formally introduced in Congress on March 23, 2017, that would, in effect, remove the Copyright Office from the oversight of the Librarian of Congress. Introduced by House Judiciary Chairman Bob Goodlatte of Virginia and Ranking...
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Copyright, Content, and Platforms
Does Copyright Now Cover Functionality?
March 24, 2017
On March 22, 2017, the U.S. Supreme Court decided the case of Star Athletica, L.L.C. v. Varsity Brands, Inc. regarding the scope of copyright protection for “pictorial, graphic or sculptural features” that have been added to useful...
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Copyright, Content, and Platforms
FTC Warning to Website and Mobile App Publishers: Disclose Cross-device Tracking
March 16, 2017
Website and app publishers rely on third parties that associate tracking technologies with their content to provide analytic and advertising data and services. Increasingly, this includes use of probabilistic and deterministic techniques...
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