Timothy J. Feathers 816.691.2754e-mail| vCard
With the advent of the digital age, perhaps no subset of intellectual property is changing faster than copyright law, especially in the areas of e-business and technology and the media. In addition to complex copyright litigation matters, our intellectual property attorneys assist our clients with the procurement and transfer of their copyrighted work.
Practice Overview Our experience includes print, electronic, video, multimedia and live formats involving various artists and authors. We also represent various producers and distributors of syndicated series, movies and special broadcasts by TV stations in copyright royalty and enforcement matters involving cable and satellite delivery systems. Scope of Service As discussed more fully below, our copyright experience includes: Copyright protection and registration counseling Copyright registration applications Copyrightable subject matter advice Authorship and ownership issues Copyright notices requirements Copyright terms Fair use analysis Copyright agreements Cease and desist letters Copyright litigation Of Note We represented a famous rock star in a case involving copyright infringement, unfair competition, breach of contract, false light invasion of privacy and appropriation of name or likeness. Copyright Protection and Registration Counseling While a registration is not needed for a valid copyright to exist, our attorneys generally encourage clients to register the copyright in their works to make the existence of their copyright a matter of public record. Importantly, registering a work is often needed to initiate litigation and may enable the copyright owner to be eligible for statutory damages and attorneys' fees in successful litigation. Finally, if registration occurs within five years of publication, it is presumptively valid in a court of law. Copyright Registration Applications For many copyrightable works, registration is relatively straightforward. In such instances, our attorneys assist clients in setting up in-house registration protocols so that registering a copyrightable work (whether the work pertains to the visual, performing, or literary arts or is a serial publication) is a routine matter for our clients. For more complicated issues involving copyrightable subject matter, authorship and ownership issues, publication issues and derivative works, our intellectual property attorneys and their support staff prepare and file the copyright application. When litigation is contemplated, expedited copyright registrations can be obtained in a very short time frame. Copyrightable Subject Matter Advice Our intellectual property attorneys counsel our clients about copyrightable subject matter. In general, copyright may protect original works of authorship including literary, dramatic, musical and artistic works such as poetry, novels, movies, songs, computer software and architectural drawings. In contrast, a copyright does not protect facts, ideas, systems or methods of operation, although it may protect the manner in which they are expressed. Our intellectual property attorneys are also well-versed in ascertaining the scope of copyright protection in useful articles that may have a decorative and creative aspect. Authorship and Ownership Issues Our attorneys also educate and counsel our clients about authorship and ownership issues involving copyrights. In this regard, we often assess whether a particular work is a "work for hire." This issue is especially important in industries such as those involving software and web site development where freelancers are frequently hired to create the work. Copyright Notices Requirements Today, works published are exempt from a notice requirement (i.e. © 2002 Stinson Morrison Hecker LLP). However, because prior law did contain such a requirement, the use of notice is still relevant to the copyright status of older works. Although notice is optional, our intellectual property practitioners continue to encourage our clients to use a proper copyright notice on their works because it informs the public that the work is protected by copyright, identifies the copyright owner and shows the year of first publication. Furthermore, notice will help defeat an innocent infringement defense that could result in a reduction in damages that the copyright owner would otherwise receive. Copyright Terms Our intellectual property attorneys sometimes advise clients as to when a copyrighted work has entered the public domain due to expiration of the copyright. As a result of a series of amendments to the Copyright Act, calculating the expiration date of a copyright can be quite complex. The calculation depends on whether the work was published, the year of publication, whether the work was published with notice and whether the work was a "work for hire," anonymous or pseudonymous. Fair Use Analysis In many instances, our clients need to ascertain the permissible quantity and quality of material that may be used without the permission of the copyright owner under the "fair use" doctrine. Our fair use analyses have included the use of copyrighted material for criticism and comment, news reporting, research and scholarship, nonprofit educational uses and parody. Copyright Agreements Our intellectual property attorneys are involved with reviewing, drafting and/or negotiating various documents involving copyrights, such as: Agency agreements Content licenses Copyright assignments Copyright licenses Exhibition agreements Publishing agreements Royalty agreements Work-made-for-hire agreements Cease and Desist Letters Our intellectual property attorneys are experienced in drafting and responding to cease and desist letters involving copyright infringement. Thus, our attorneys are well-versed in the various issues involved in copyright infringement, such as ascertaining the "substantial similarity" between the works. Copyright Litigation Our attorneys have experience in litigating cutting-edge copyright cases. The firm's practice in this area ranges from handling complicated technology cases involving computer software, to plastic ducks, to architecture, to office products, to decorative figurines. As a sample of our litigation experience, we represented a famous rock star in a case involving copyright infringement, unfair competition, breach of contract, false light invasion of privacy and appropriation of name or likeness. Our attorneys are highly experienced in all phases of copyright litigation, from drafting and responding to cease and desist letters to bringing and defending preliminary injunction motions, to trying cases.
Our experience includes print, electronic, video, multimedia and live formats involving various artists and authors. We also represent various producers and distributors of syndicated series, movies and special broadcasts by TV stations in copyright royalty and enforcement matters involving cable and satellite delivery systems.
As discussed more fully below, our copyright experience includes:
We represented a famous rock star in a case involving copyright infringement, unfair competition, breach of contract, false light invasion of privacy and appropriation of name or likeness.
While a registration is not needed for a valid copyright to exist, our attorneys generally encourage clients to register the copyright in their works to make the existence of their copyright a matter of public record. Importantly, registering a work is often needed to initiate litigation and may enable the copyright owner to be eligible for statutory damages and attorneys' fees in successful litigation. Finally, if registration occurs within five years of publication, it is presumptively valid in a court of law.
For many copyrightable works, registration is relatively straightforward. In such instances, our attorneys assist clients in setting up in-house registration protocols so that registering a copyrightable work (whether the work pertains to the visual, performing, or literary arts or is a serial publication) is a routine matter for our clients.
For more complicated issues involving copyrightable subject matter, authorship and ownership issues, publication issues and derivative works, our intellectual property attorneys and their support staff prepare and file the copyright application. When litigation is contemplated, expedited copyright registrations can be obtained in a very short time frame.
Our intellectual property attorneys counsel our clients about copyrightable subject matter. In general, copyright may protect original works of authorship including literary, dramatic, musical and artistic works such as poetry, novels, movies, songs, computer software and architectural drawings. In contrast, a copyright does not protect facts, ideas, systems or methods of operation, although it may protect the manner in which they are expressed. Our intellectual property attorneys are also well-versed in ascertaining the scope of copyright protection in useful articles that may have a decorative and creative aspect.
Our attorneys also educate and counsel our clients about authorship and ownership issues involving copyrights. In this regard, we often assess whether a particular work is a "work for hire." This issue is especially important in industries such as those involving software and web site development where freelancers are frequently hired to create the work.
Today, works published are exempt from a notice requirement (i.e. © 2002 Stinson Morrison Hecker LLP). However, because prior law did contain such a requirement, the use of notice is still relevant to the copyright status of older works.
Although notice is optional, our intellectual property practitioners continue to encourage our clients to use a proper copyright notice on their works because it informs the public that the work is protected by copyright, identifies the copyright owner and shows the year of first publication. Furthermore, notice will help defeat an innocent infringement defense that could result in a reduction in damages that the copyright owner would otherwise receive.
Our intellectual property attorneys sometimes advise clients as to when a copyrighted work has entered the public domain due to expiration of the copyright. As a result of a series of amendments to the Copyright Act, calculating the expiration date of a copyright can be quite complex. The calculation depends on whether the work was published, the year of publication, whether the work was published with notice and whether the work was a "work for hire," anonymous or pseudonymous.
In many instances, our clients need to ascertain the permissible quantity and quality of material that may be used without the permission of the copyright owner under the "fair use" doctrine. Our fair use analyses have included the use of copyrighted material for criticism and comment, news reporting, research and scholarship, nonprofit educational uses and parody.
Our intellectual property attorneys are involved with reviewing, drafting and/or negotiating various documents involving copyrights, such as:
Our intellectual property attorneys are experienced in drafting and responding to cease and desist letters involving copyright infringement. Thus, our attorneys are well-versed in the various issues involved in copyright infringement, such as ascertaining the "substantial similarity" between the works.
Our attorneys have experience in litigating cutting-edge copyright cases. The firm's practice in this area ranges from handling complicated technology cases involving computer software, to plastic ducks, to architecture, to office products, to decorative figurines. As a sample of our litigation experience, we represented a famous rock star in a case involving copyright infringement, unfair competition, breach of contract, false light invasion of privacy and appropriation of name or likeness.