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 Philadelphia
Associate Atlanta
Associate Philadelphia
Partner Washington, D.C.
Partner New York
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 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)
    • Recognized Practitioner: Trademark, Copyright & Trade Secrets in the District of Columbia (2015 to 2017)
  • 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

News

Press Releases

Publications

Articles

Key Contacts

Blog

In The Blogs

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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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Copyright, Content, and Platforms
Started From the Bottom, Now We’re Real: Drake’s Use of Jimmy Smith’s Commentary on ‘Real Music’ Considered Fair Use
June 13, 2017
On May 30, 2017, Judge William H. Pauley III, in the Southern District of New York, ruled that rapper-singer-songwriter Drake was permitted to use a sample of jazz artist Jimmy Smith based on the fair use doctrine, even though Drake and...
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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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