Copyright

Copyrights protect original, creative works, such as art, images, movies, music, books, manuals and computer programs. Works protected by copyright are an integral part of a client’s intellectual property (IP) portfolio and are valuable business assets.

Oblon Spivak assists clients in identifying and determining how best to protect their copyrightable property. With decades of experience in copyright law, we guide clients through a full range of copyright issues, including ownership, assignment, licensing, registration, recordal and litigation. Senior Counsel, Marybeth Peters, the eleventh Register of Copyrights of the United States adds unparalleled knowledge and experience to the Oblon Spivak Copyright team.  

Industry Experience

Industry experience ranges from the medical to the fashion industry.  The types of works protected include computer software, text, online content, artwork and designs, literary works, photographs, product design and packaging.  

Wide Variety of Services

Working closely with our clients, we evaluate IP portfolios to identify copyrightable property and determine ownership, the best methods of protection, etc. We provide a wide variety of services ranging from registration, licensing and transfer of copyrights, fair use assessment, recordation and litigation.  

Through due diligence reviews of company materials, copyrightable materials are identified. Such identification allows clients to take full advantage of their current IP assets and appropriately evaluate issues relating to possible acquisition, merger, sale or purchase of a division or company.

Utilizing U.S. Customs procedures as well as working with foreign counsel, we also assist in recording and enforcing copyrights to prevent counterfeit products from entering the U.S. and other countries. These procedures often result in counterfeit goods being detained at the borders, without the necessity of a lawsuit or posting bond. 

Tuesday, August 26, 2014

On August 19, 2014, the Register of Copyrights, Maria A. Pallante, released a public draft of the Compendium of U.S. Copyright Office Practices, Third Edition (the “Compendium Third Edition”).

In the draft, the U.S. Copyright Office makes it clear that a photograph taken by a monkey is not considered registrable...

Friday, April 04, 2014

On March 24, 2014 the Copyright Office published a final regulation on fees for its various services. See 79 FR 15910-15920. Some services are free, e.g., inquiries to the Public Information Office. Many are not, e.g., registration of claims to copyright, recording documents of transfer, filing termination notices, obtaining additional...

Wednesday, November 27, 2013

Background

             In 2005, The Authors Guild brought a class action law suit and five large publishers sued Google for its systematic reproduction, without permission, of millions of copyrighted books in their entirety in the Southern District of New York...

Tuesday, November 01, 2011

The Register of Copyrights of the U.S. Copyright Office has issued a list of priorities for the next two years regarding copyright policy and administrative practice.  The paper, Priorities and Special Projects of the United States Copyright Office is ...

Monday, May 02, 2011

Forget about collecting statutory damages from the U.S. Postal Service, was the message sent by the U.S. Court of Claims in the case of Frank Gaylord v. United States,...

Monday, April 11, 2011

Aqua Creations USA Inc. and Aqua Creations LTD ("Aqua Creations") sued Hilton Hotels Corporation ("Hilton Hotels"), asserting that Hilton Hotels appropriated Aqua Creations' chandelier designs. 

Thursday, March 31, 2011

The U.S. Court of Appeals for the 11th Circuit recently ruled that Congress does not have the authority to subject states to liability for copyright infringement. In this ruling, National Association of Boards of Pharmacy v. Board of...

Thursday, March 24, 2011

Suggesting an 'opt-in' settlement instead of an 'opt-out' settlement approach, Judge Chin of the Southern District of New York, rejected the Amended Google Settlement Agreement.