Copyright attorneys at Fish represent individuals and companies that create, own, and manage social networks, interactive and online content, computer programs, music, films, and architectural works among many others.
We are experts in copyright analysis and registration, and one thing that makes our group distinct is that we work with copyrights in action – in other words, we know how real-world transactions work. We counsel our clients in a wide range of matters, including copyright registration and enforcement, and copyright licenses and agreements.
Digital Millennium Copyright Act
In both transactional and litigation settings, Fish handles the sophisticated legal and technological issues that confront clients who create, distribute, or use content, devices, and systems. The proliferation of digital content has placed the Digital Millennium Copyright Act (DMCA) of 1998 at the forefront of many companies' copyright counseling needs.
Much attention has been drawn to the DMCA's anti-circumvention provisions, which make it illegal to disable copy-protection devices on digital content. The DMCA's safe-harbor protection for Internet service providers against copyright infringement claims also continues to be a controversial topic.
Transactions and Counseling
Fish counsels multinational corporations, institutions, small businesses, and individuals alike, devising strategies to protect and maximize the value of their copyrighted works via registration practices and policies, acquisitions, sales, and licenses.
As new technologies have developed, the scope of copyright law has changed – and so have we, by adapting to the changing needs of our clients. One particular focus is the interplay of new technologies with creative content, such as user-generated content, social networking, blogs, and interactive entertainment.
Our attorneys have advised on contractual protection and its limits for shrink-wrap and click-through licenses. We have experience in many types of deals, ranging from software licenses (including OEM arrangements, end-user agreements, and open-source licenses) to the production of theatrical shows and sound recordings.
We are equipped to advise, negotiate, and draft all types of copyright licenses and agreements. The creative use of click-through terms and conditions for open-source and other innovative contracts is often at the core of our advice to clients involved in creatively protecting and using content, data, and technology.
Fish also has significant experience in counseling on defamation and other First Amendment issues. Our lawyers perform prepublication reviews and advise clients involved in publishing disputes and right of access issues.
We ensure that copyright owners protect their ownership interests and that those acquiring content obtain the rights they need in order to achieve their goals.