Copyrights are a valuable business protection tool and contribute to a company’s net worth. Oblon Spivak assists clients in identifying copyrightable property and in protecting copyrights through registration, recordal and litigation. At Oblon Spivak we understand that copyrights are an integral part of a company's intellectual property (IP) portfolio and a valuable protection tool. With decades of experience in copyright law, we guide our clients through the full range of copyright issues.

Industry Experience

We have obtained copyright protection and enforced copyrights relating to a broad range of products including computer software, source code and software applications, interactive and online content, ornamental designs, logos and labels, fashion and fabric designs, jewelry designs, graphics, brochures, literary works, furniture designs, videos and character drawings, including Japanese anime, and product packaging. In addition, the firm counsels clients regarding rights under the Digital Millennium Copyright Act and other copyright laws.

Wide Variety of Services

Whether at the U.S. Copyright Office, U.S. Customs and Border Protection or U.S. district courts, we have the experience needed to protect copyrights or defend against copyright claims. We assist clients with registering copyrights, expediting applications, recording necessary documents, and conducting searches. We provide advice, opinions and legal analyses on the full range of copyright issues, including ownership rights, copyright registration, renewal and termination rights, assignment, fair use, safe harbor protection, damages, enforcement strategies, and portfolio management.

Working closely with our clients, we evaluate the strengths and weaknesses of their intellectual property and determine the best methods of protection. We counsel our clients in a wide range of matters, assisting them in protecting and enhancing the value of their copyrighted works through registration, protection policies, acquisitions, sales, licensing arrangements and enforcement strategies.

Services That Go Beyond Core Copyright Law

Our expertise extends beyond core copyright services such as counseling to avoid infringement of existing copyrights and registering copyrights with the U.S. Copyright Office. For example, we help develop enforcement programs for fashion, and entertainment products utilizing U.S. Customs procedures. Armed with a copyright registration, which can be recorded with U.S. Customs, companies can request that U.S. Customs seize infringing goods at the border to prevent them from entering the U.S. without the necessity of a lawsuit or posting bond.

Identifying and Valuing IP Assets

We also are involved in licensing and negotiating copyrights, conducting due diligence review of company materials, enabling our clients to take full advantage of their current intellectual property assets and appropriately prepare for an acquisition, merger, sale or purchase of a division or company.

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


             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.