A copyright owner has the right to reproduce his or her work, to prepare derivative copies, to distribute the work, and to prepare or perform the work publicly. Boulware & Valoir assists clients in securing, retaining, and enforcing those rights. In addition, we have experience in dealing with emerging and cutting-edge issues in social media, and the Internet in general.
We regularly advise clients on a wide variety of issues concerning copyright ownership and rights including:
- Copyright registration
- Copyright litigation
- Copyright counseling
- Copyright due diligence
- Licensing agreements
- Assignments and recordation services
- Digital rights management
- Internet and cyberspace related issues
- Public performance rights and display rights
- Fair use doctrine
- Derivative works
- Unauthorized use of clients brands and copyrighted material in social media
- Unauthorized disclosure of information in social media
COPYRIGHT PROSECUTION AND COUNSELING
Boulware & Valoir are experienced in preparing and prosecuting copyright applications in a variety of genres. We have also litigated copyright issues regarding public performance and unauthorized reproduction of works. Although copyright registration is only a legal formality to make a public record of the nature of the copyrighted work, federal registration for works of U.S. origin is necessary to file a lawsuit in court. Registration also allows the owner of a copyright to record the registration with the U.S. Customs Service to protect against the importation or exportation of potentially infringing copies.
COPYRIGHT LITIGATION AND ENFORCEMENT
Copyright litigation can encompass a number of unique issues. The lawyers at Boulware & Valoir have handled hundreds of copyright disputes.
DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act (DMCA) was signed into law for the purpose of adapting copyright law to a digitally-dominated climate. One of the most important changes brought under the DMCA is the protection of service providers from copyright liability stemming from the infringement by their users. The DMCA includes other provisions which: (1) explain and increase the duties of the U.S. Copyright Office; (2) exempt certain digital transmission recordings; (3) facilitate distance education; (4) expand the archiving methods allowed by libraries; (5) create an exception for web-casting; and (6) address concerns about the payment of actors, directors, and writers when movies are exploited. Boulware & Valoir attorneys can provide counseling for issues that arise under the DMCA.
