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Copyright

As one of the country’s top-ranked intellectual property law firms, Cantor Colburn delivers comprehensive copyright counseling to clients ranging from small start-ups to large multinationals. Many of our clients are industry leaders in their fields, who benefit from our considerable experience in areas that include the creation of copyrightable works to the enforcement of copyrights.

Our copyright team focuses on the identification, protection, registration, and management of our clients’ copyrightable works and creative materials, including books, films, music, photographs, artwork, graphics, logos, websites, and computer software, in the United States and abroad. We counsel clients on all aspects of copyright law, including:

Strategic Counseling on Development and Protection of Copyrights
Our copyright counseling directly addresses each client’s individual objectives. We work with clients to identify copyrightable assets and help them develop strategies to protect these assets from unauthorized copying.

We help clients create and implement usage guidelines and policies for copyrightable materials both for client employees and for external service providers such as advertising and public relations agencies.

Searching and Clearance
We provide title searches and clearance for the full range of copyrightable works. We ask the right questions to determine and document the creation and originality of client work and clarify ownership issues. We counsel clients on copyright clearance and fair use issues that may arise in the creation of their own works and in their advertising, marketing, and promotional materials.

Applications and Registrations
Our experienced team prepares applications to register copyrightable assets with the U.S. Copyright Office.

The copyright practice team provides documentation on a work’s creation, originality, and ownership in order to prove copyright outside of the United States. We have forged effective relationships with a vetted network of foreign counsel who help safeguard our clients’ copyrights internationally.

Enforcement
Simply registering copyrightable works does not always provide sufficient protection for clients.

The Internet, where text, images, and graphics are seemingly available for all, is an area where particular vigilance is required. The Digital Millennium Copyright Act (DMCA) is central to effective copyright enforcement in the online world. We regularly assist clients with DMCA notices and takedowns.

We routinely enforce our clients' copyrights against infringers through cease and desist letters, litigation, and negotiated resolutions.

Licensing
We counsel clients on licensing their copyrighted content, including regularly advising, negotiating, and preparing a range of copyright and software licenses and agreements.

Assignments and Transfers
We regularly help clients assign, acquire, transfer, and sell valuable copyrighted content. Our attorneys are also experienced in handling various recordals of documents affecting ownership of works registered with the U.S. Copyright Office, including assignments, licenses, security interests, financing agreements, and option agreements.

Due Diligence for Mergers, Acquisitions, and Divestitures
We provide seamless representation and support when conducting due diligence for clients involved in merger, acquisition, and divestiture transactions. We provide schedules and status updates on copyright portfolios included in sales of our clients’ IP assets. For clients involved in mergers or acquisitions, we review the relevant agreements and supporting documentation to identify any issues that may adversely affect the transactions.

Defending Against Third-Party Claims
At times, and despite even the most conscientious efforts to clear a trademark, a client is accused of trademark infringement. We work to resolve and defend such claims in a manner that avoids as much disruption to a client’s business as possible. We seek solutions that avoid litigation, but when a dispute cannot be settled, our experienced litigators vigorously defend our clients in court.

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