Proskauer’s reach in the copyright area spans decades and includes making law at the forefront of every new technological advance, from photocopying (Kinko’s, Basic Books, Texaco), to the encryption – and hacking – of Hollywood movies on DVD (the Universal Studios v. Remeirdes case), to the sharing of copyrighted content on the Internet (Napster, Netcom and some of the first cases addressing Internet copyright infringement). We are currently lead counsel in another groundbreaking case against YouTube, for copyright infringement on behalf of a putative class of copyright owners that includes major sports leagues, music publishers and a host of others. Virtually every one of these cases is considered a landmark in the area and extends far beyond traditional literary property, software and Internet law, drawing together our capabilities in intellectual property, technology and media in a way few other firms can.
Combined with our related practices in the sports, entertainment, privacy and technology litigation fields, our Copyright Group handles the full gamut of matters at the core of copyright law and business. This includes: litigation of the full sweep of rights-related issues in every conceivable field of expression, from books, motion pictures, art, theater and music to software, education, sports and the latest digital delivery systems; sophisticated transactional matters involving the development and implementation of technologies responsible for delivery systems in everything from e-publishing to feature films, music and live sports broadcasts; advice, counseling and litigation relating to the management of digital content in the encryption and filtering fields; and catalog transactions involving the purchase, sale and securitization of bodies of copyright work. We have handled some of the most visible publishing and entertainment catalogs in the world, from Elvis to L. Ron Hubbard, Rachmaninoff to rap.
Chambers USA recognized us as having “a top-notch reputation” and as “the go-to firm for issues concerning copyright.” Our lawyers are also recognized as “experts” with “deep knowledge of the practice area.”
Areas of Focus
Copy Protection Technology
Internet Delivery and Infringement Issues
Sales and Licensing of Copyright catalogs (Music, Movies, Publishing)
Multi-National Copyright Counseling and Transactions
A proposed class of copyright holders in litigation seeking an industry-transforming injunction and damages against Google and YouTube, claiming that Google, which bought YouTube in November 2006 for $1.65 billion, is deliberately facilitating massive copyright infringement on the YouTube website in order to build traffic to the site. The case has already caused a substantial shift in the way YouTube/Google do business in that they’re licensing much more material than previously. While the plaintiffs did not prevail in the district court, the Second Circuit appeared very responsive at argument of the appeal, and a decision is being closely awaited by the Internet, media, and entertainment industries
Reed Elsevier in a case in which the U.S. Supreme Court ruled unanimously on behalf of our client, reversing a decision by the Second Circuit, which had thrown out an industry-wide settlement concerning the republication of freelance articles on electronic databases
EMI Music Publishing in a landmark licensing agreement between EMI and Sony BMG Music Entertainment, which resulted in what became the industry's standard licensing agreement for a broad range of new technological exploitations of music, including the multibillion dollar ringtone and ringback applications, the new DualDisc format that combines CD and DVD functionality, digital video distribution (including video-on-demand services and video downloads), multi-session audio discs (such as copy-protected CDs), and so-called "locked" content for hard drives and storage media that consumers may "unlock" by purchasing recorded music online
The Recording Industry Association of America and 18 of its record company members in obtaining injunctive relief against Napster, a service that enabled its users to locate and download free, unauthorized MP3 file copies of virtually every existing sound recording