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COPYRIGHTS

A company’s software, websites, artwork, printed publications, and performance works are too important not to be properly protected. Nixon Peabody helps clients ensure that they have secured the rights they need in their copyrightable works.

Our attorneys negotiate and draft work for hire agreements, assignments, and licenses. We help clients understand the potential ownership problems arising from co-development and develop strategies to ensure an ownership of rights that meets business expectations.

Understanding what is protectable

We help clients understand what they can obtain copyright protection for and what may be copyrightable in third-party sources. This includes developing strategies for use of open source software. We also advise clients on what may be protectable in source code, user interfaces, and functional aspects of software and other works.

Digital distribution

Our attorneys assist clients in navigating the risks involved in publishing and distributing content on the Internet. We help clients avoid liability for transmitting content of others, caching content of others, hosting content of others, and linking to content of others. We advise clients on the rights necessary for publishing and distributing content on the Internet. We also help clients develop appropriate end user license agreements or terms and conditions.

Litigation

We handle a wide range of copyright disputes, including:

  • Work for hire and assignment disputes
  • Joint ownership disputes
  • Licensing disputes
  • Internet-based publishing disputes
  • Disputes over alleged software copying
  • All aspects of infringement claims

Representative Copyright Protection and Enforcement Matters

  • Handled copyright protection matters on behalf of leading manufacturer of cribs and children’s furniture.
  • Counseled a high-end jewelry company regarding copyrightability of jewelry designs and secured copyrights for same.
  • Assisted a well-known restaurant franchise in protecting its copyrights.
  • Currently devising and executing a copyright protection strategy on behalf of a golf-simulation company.

Representative Copyright Litigation Matters

  • Biscotti, Inc. v. Target Corporation (N.D. Cal.) Represented Biscotti in a copyright infringement suit involving the design on fabric used to make children's swim wear. Case settled.
  • Channel Fish Processing Co., Inc. v. JOM, LLC (D. Mass.) Represented seafood distributor in matter involving copyright infringement, trade dress infringement, and unfair competition related to frozen fish and seafood packaging. Moved for preliminary injunction and the case settled.
  • Vocal Technologies, Ltd. v. Compandent, Inc. (W.D.N.Y.) Representing software company, Compandent, Inc., in copyright infringement matter related to software files.
  • Wolk v. Kodak Imaging Network, Inc., et al. (S.D.N.Y.) Achieved a summary judgment victory for our clients, Kodak Imaging Network, Inc. and Eastman Kodak Co. in copyright infringement matter. Currently representing the defendants on appeal.
  • Pinnacle Pizza Co. v. Little Caesar Enterprises (D.S.D.) Obtained summary judgment in favor of pizza franchisor Little Caesar Enterprises, Inc. in a copyright and trademark infringement dispute. Successfully represented Little Caesar Enterprises on appeal affirming the district court's decision.
  • Porthault Corp. v. Schweitzer Linens, Inc. (S.D.N.Y.) Represented Schweitzer Linens in copyright and trade dress dispute related to linen patterns. Case settled.
  • Nearstar, Inc. v. Waggoner, et al. (E.D. Tex.) Represented defendant ASE Technologies in a copyright infringement matter involving allegations of trade secret misappropriation, breach of contract, tortious interference, and civil conspiracy related to a document management system. Case settled.
  • Yang v. Layfield (D. Md.) Represented defendant in web site ownership dispute. Case settled.

Thought Leadership/Alerts

Supreme Court rules that the "first sale" doctrine applies to the sale in the United States of a work lawfully obtained abroad
Intellectual Property Alert | April 4, 2013

3D printing: new "disruptive technology" raises serious intellectual property questions
Intellectual Property Alert | December 3, 2012

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Federal district court upholds university libraries' digitalized copying and sharing of copyrighted works
Higher Education Alert | November 7, 2012

Recent complaint highlights role of copyright in protecting health care information, protocols, and products
Intellectual Property Alert | November 2, 2012

Although the statute of limitations had not yet run, Ninth Circuit affirms dismissal of Raging Bull copyright case on laches grounds
Intellectual Property Alert | September 6, 2012

Ninth Circuit rejects fair use defense in reversing decision in favor of gossip magazine's publication of private celebrity photographs
Intellectual Property Alert | August 15, 2012

Court refuses to enjoin provider of service allowing users to access "live" copyrighted television broadcasts over the internet
Intellectual Property Alert | July 19, 2012

Webinar Recording: Marketing Your Products and Services Without Losing Your IP
Originally recorded June 14, 2012 | June 19, 2012

South Park creators prevail in copyright infringement action based on fair use defense
Intellectual Property Alert | June 7, 2012

Omega appeals a finding of copyright misuse to the Ninth Circuit
Intellectual Property Alert | June 6, 2012

Former Village People lead singer wins right to terminate copyright grants
Intellectual Property Alert | May 10, 2012

The U.S. Supreme Court agrees to hear arguments on whether the "first sale" doctrine applies to works manufactured outside of the United States
Intellectual Property Alert | April 20, 2012

U.S. Supreme Court to decide important copyright case involving foreign works in the public domain
Intellectual Property Alert | October 5, 2011

Ninth Circuit Affirms Judgment for Apple in Software Copyright Infringement Case; Rejects Defendant's "Copyright Misuse" Defense
Intellectual Property Alert | October 4, 2011

First Circuit Reverses Order Reducing Damages Award in Music File-sharing Copyright Infringement Case; Avoids Constitutional Questions
Intellectual Property Alert | September 26, 2011

Ninth Circuit Gives Partial Victory to Louis Vuitton in Contributory Copyright and Trademark Infringement Case
Intellectual Property Alert | September 15, 2011

The Ninth Circuit Tries to Clarify the Murky Law of Copyright Preemption
August 26, 2011

Ninth Circuit clarifies jurisdiction rules in intellectual property cases brought against out-of-state companies operating on the Internet
Intellectual Property Alert | August 16, 2011

Seeing red: NY court refuses to enforce single color trademark for shoe design
Intellectual Property Alert | August 15, 2011

First Induced Pluripotent Stem Cell (iPSC) Patent Approved by the EPO
Intellectual Property Alert | August 2, 2011

Federal Circuit issues opinion in ACLU v. Myriad
Intellectual Property Alert | July 29, 2011

Patent reform primer
Changes to the grace period

Intellectual Property Alert | July 14, 2011

New .XXX domain name tentatively scheduled to launch September 7, 2011 — clients are advised they may be able to block certain domains to prevent future use
Intellectual Property Alert | June 21, 2011

U.S. PTO Restriction Practice: Personalized medicine claims with SNPs
Intellectual Property Alert | June 13, 2011

Employers (particularly universities): check your invention assignment agreements!
Intellectual Property Alert | June 7, 2011

Therasense decision highlights specific intent requirement for inequitable conduct determinations
Intellectual Property Alert | June 1, 2011

Follow-on Biologics legislation has immediate impact on patent holders
Intellectual Property Alert | May 25, 2011

Protecting personalized medicine innovation in China and India: Are diagnostic methods patentable?
Intellectual Property Alert | May 17, 2011

A patent in 12 months? But it will cost you!
Intellectual Property Alert | April 6, 2011

Federal Circuit hears oral argument on Myriad ”gene patents”
Intellectual Property Alert | April 4, 2011

The Federal Circuit holds that the heightened pleading standards of Rule 9(b) apply to false patent marking claims, finding general allegations of “sophistication” and “knowledge” to be insufficient to state a claim under Section 292
Intellectual Property Alert | March 15, 2011

Restrictions on the beneficial use of software
Intellectual Property Alert | November 16, 2010

In Stauffer decision, Federal Circuit finds that qui tam relator has standing to pursue false marking claims under Patent Act
Intellectual Property Alert | August 31, 2010

According to the Patent Office, the machine-or-transformation test is alive and well
Intellectual Property Alert | July 2, 2010

Supreme Court affirms Federal Circuit’s judgment that risk hedging claims not patent eligible; rejects “machine-or-transformation” test as sole test of patent eligibility of process claims
Intellectual Property Alert | June 28, 2010

In Solo Cup decision, Federal Circuit affirms district court’s ruling on burden of proof for intent to deceive and false marking with expired patents, and confirms the definition of “offenses”
Intellectual Property Alert | June 11, 2010

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Press

Media Clips

    • Sobering Times in IP Law
      Boston Business Journal | September 28, 2012

      Boston partner and leader of the firm’s Brands & Creations practice Jason Kravitz provides third-party commentary in this article discussing Massachusetts’ food and beverage industry’s efforts to manage the complexities of intellectual property law.

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