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
Of Counsel Los Angeles
Partner New York
Partner Philadelphia
Partner Costa Mesa
Partner Philadelphia
Partner Los Angeles
Associate Philadelphia
Associate Atlanta
Associate Philadelphia
Partner Washington, D.C.
Partner New York
Partner Atlanta
Of Counsel Philadelphia
Partner Washington, D.C.
Counsel Philadelphia
Partner Chicago
Counsel New York
Partner Los Angeles
Partner Cleveland
Partner New York
Partner New York
Partner Atlanta
Partner Atlanta
Partner Philadelphia
Associate New York
Associate Costa Mesa
Partner New York
Of Counsel Los Angeles
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)
  • Recognized as one of the top law firms for client service, we were named to the 2018 BTI Client Service 30 for the fourth consecutive year.
  • U.S. News – Best Lawyers "Best Law Firms" Copyright Law (2017)
    • National Tier 2
    • Metro Philadelphia, Tier 1

News

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In The Blogs

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Copyright, Content, and Platforms
Important Copyright Protections for Software to be Addressed in Pending Federal Circuit Appeal
February 13, 2018
In December 2014, Cisco Systems, Inc. sued rival ethernet switch provider Arista Networks, Inc., for more than $300 million because it allegedly infringed Cisco’s copyrights in operating system software that manages Cisco switches...
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Copyright, Content, and Platforms
2017 – The Year in Which Copyright Went Beyond Source Code
January 16, 2018
2017 was a big year for raising the profile of copyright in protecting computer programs. Two cases in particular helped bring attention to a myth that was addressed and dispelled some time ago but persists in some circles nonetheless...
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Copyright, Content, and Platforms
Spanski Enterprises, Inc. v. Telewizja Polska, S.A.: How Far Is Too Far When It Comes to the Extraterritorial Reach of US Copyright Law?
October 19, 2017
As a general matter, acts of copyright infringement that occur outside the jurisdiction of the United States are not actionable under U.S. copyright law. “The Copyright Act, it has been observed time and again, does not apply...
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Copyright, Content, and Platforms
UGC Uncertainty Consternation Continues
September 7, 2017
Amended 9th Circuit Decision Does Not Clarify the Extent to Which Service Providers Can Manually Screen for Inappropriate User Content In April 2017, the 9th Circuit Court of Appeals startled online service providers that allow users to...
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Copyright, Content, and Platforms
Determining Fair Use Under the Copyright Act: Judge Versus Jury
June 23, 2017
When the Supreme Court ruled in 1998 that copyright infringement lawsuits were subject to the Seventh Amendment’s right to jury trial, the natural consequence of that ruling was that fair use would likewise become a jury issue. However, at...
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