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Practices Practices Section

Practices

Copyright

Overview Experience Press Room

Overview

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).

In 2010, we convinced the U.S. Supreme Court to reject the rule that copyright registration is jurisdictional. Proskauer represented Reed Elsevier, Inc., along with other leading database companies, magazines and newspapers, in this long-running and high-profile litigation. The Supreme Court reversed a decision by the Second Circuit that had thrown out an industry-wide settlement concerning the republication of freelance newspaper articles on electronic databases. On remand from the Supreme Court, that settlement is now being implemented by newspaper and magazine publishers and freelance author groups.

Virtually every one of these cases is considered a landmark in copyright jurisprudence and extends far beyond traditional literary property, music, software and Internet law, drawing together our capabilities in intellectual property, technology, media and entertainment in a way few other firms can.

We were lead counsel in another groundbreaking copyright infringement case against YouTube, on behalf of a putative class of copyright owners that includes major sports leagues, music publishers and a host of others. We also recently worked closely with the government of the Caribbean nation of Antigua and Barbuda to obtain a criminal conviction for circumvention of copy protection measures under the Antiguan equivalent of the anti-circumvention provisions of the DMCA on behalf of the association that licenses a copy protection system for high-definition video media.

Proskauer has been one of the leading firms in the area of music copyright infringement for years. Our clients include prominent artists such as Madonna, Lady Gaga, U2 and many others, along with many of the major recording companies and music publishers. We have successfully handled numerous copyright infringement litigations in the music field, most recently winning dismissals on summary judgment for Lady Gaga in 2014, and for Madonna and Warner Chappell music publishing in 2013, including an award of prevailing party attorneys’ fees in 2014. We are currently representing these clients in the plaintiffs’ appeals of these decisions in the Seventh and Ninth Circuits, respectively. 

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 copyrighted works – 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:

Copyright Protection and Infringement

  • Copy Protection Technology
  • Internet Delivery and Infringement Issues

  • Sales and Licensing of Copyright catalogs (Music, Movies, Publishing)

  • Registration Practice

  • Multi-National Copyright Counseling and Transactions