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.
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.
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.