Copyright

Enterprises increasingly face challenging copyright issues, whether they are interested in creating content, using the content of others in their business operations or marketing, or applying copyright in cutting edge technologies like artificial intelligence (AI) and software. BakerHostetler not only has deep experience with traditional copyright representations but helped lead the way in copyright policy and doctrine in the field of AI by contributing to important policy papers for several professional organizations.

We help determine where fair use ends and infringement begins, identify the line where design and technology ideas merge with protectable expression and devise strategies for using copyright to own and protect data compilations. We routinely handle data scraping and takedown issues, both for copyright holders and accused infringers, and we also defend against spurious copyright assertions. We have handled hundreds of licensing transactions in fields such as entertainment and software and worked closely with our mergers and acquisitions colleagues to handle copyright diligence and transactions in broader deals.

Advised AI foundation model developers on clearing the use of various datasets for training purposes, including the fair use implications of same.
Advised deployers of AI systems on fair use implications in using new datasets to fine-tune foundation models and ownership thereof.
Defended the right-to-repair rights of an IT infrastructure equipment servicer in claims of violation of the DMCA’s anti-circumvention provision related to refurbishing and maintaining such equipment.
Represented the developer of a complex data transfer software protocol in claims of copyright infringement against former customers and business partners.
Helped protect the website of a prominent sporting event services company against web scraping activities by a competitor.
Advised multiple AI model developers on the permissible manner and scope of online data scraping.
Advised multiple clients on best practices for incorporating AI into their businesses, including AI policies that capture the potential copyright complexities regarding ownership of data inputs and AI-generated outputs.
Represented a medical device manufacturing company in protecting its copyrights in the design of surgical equipment.
Advised a major insurance company brand on the scope of protection for company mascots.
Advised a major healthcare network on copyright ownership of patient records and data and permissible scope of their use in machine learning applications.
Advised a creator of social services taxonomy used in a healthcare application on the scope of rights in data compilations and API structures.
Advised major gaming platforms on the scope of secondary liability for potential infringement by users and third-party developers in gaming marketplaces, and the strategies for mitigating same.
Designed and implemented audits of social media platforms for leading brands, integrating copyright, trademark and publicity protections.
Led the high stakes copyright litigation defense for a Fortune 100 company related to public performance rights.
Negotiated various settlement agreements for alleged copyright infringements of major brands.
Defended a record label and its parent company against copyright infringement claims brought by an artist in connection with the alleged use of a sculpture in a video and in various photographic images.
Achieved a summary judgment motion in favor of small business clients accused of infringing copyright in computer code for displaying virtual greeters on a website, which included an award of attorneys’ fees and costs.
Represents an independent record label in its licensing and copyright management matters.
Represented a client in the financial sector in selling its technology assets, including copyrights, to a competitor.
Negotiated a joint development agreement with a foreign university for a client in the behavioral health sector regarding a platform implementing AI models, software and data.
Defended a government contractor in a complex copyright infringement lawsuit alleging the infringement of software used in classified U.S. government programs, in which the Secretary of the Air Force asserted the state secrets privilege.
Advises and represents clients with respect to copyright and data rights negotiations with U.S. government contracts, Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement provisions relating to same and obtaining waivers from government for same.
Performed due diligence for acquisitions of government contractors to identify and resolve issues relating to ownership of copyrights and data rights, OSS rights and government rights.
Handled terminations of transfer under Section 203 of the Copyright Act and declaratory judgment actions for an accounting and payment thereafter.
Successfully represented a vodka producer in enforcing its copyright rights in its distinctive bottle against multiple infringers, including a discount fashion retailer.
Defended clients in multiple “Schedule A” copyright infringement cases, successfully arguing misjoinder with respect to inclusion with unrelated co-defendants.
Achieved takedown of counterfeit copyright products on multiple online platforms, including major ecommerce corporations.
Efficiently resolved multiple copyright troll infringement allegations, often before litigation.
Successfully obtained a dismissal of all claims against a group of clothing companies and designers accused of trademark and copyright infringement by a fashion brand based on designs used on clothing.
Successfully obtained a dismissal of all claims brought against a nonprofit organization accused of copyright infringement relating to use of a photograph on social media.
Negotiated and structured licensing agreements with major font providers, ensuring compliance with intellectual property rights and alignment with brand usage requirements.
Advised a leading fashion brand on AI governance and compliance policies and negotiated vendor agreements addressing AI-related obligations and risks.
Advised a leading fashion brand on copyrightability and enforcement strategies for fashion designs, including drafting and responding to cease-and-desist communications.
Defended multiple clients in the fashion industry against copyright infringement claims related to fabric designs and lace patterns.
Pursued and defended copyright infringement actions relating to architectural works, photography and music.
Led the litigation and defense of a complex, international bet-the-company lawsuit alleging copyright infringement, misappropriation of trade secrets, licensing violations, breach of contract and patent infringement.
Successfully recovered claims for breach of copyright and licensing violations and resolved copyright and trade secret counterclaims for a large IT services firm.
Regularly counsel a premier Fortune 100 entertainment corporation in protecting iconic media content and acquiring rights from best-selling authors, licensing content to third parties to commercialize its direct-to-consumer goods and services and clearing digital rights for streaming content and production.
Defending a provider of emissions reduction systems for power plants against competitor’s claims of copyright infringement and unfair competition relating to engineering drawings and involving issues of copyright ownership, copyright eligibility and Copyright Act preemption.