Copyright

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We have experience in myriad copyright issues. Our attorneys have prosecuted and defended cases involving computer software, music recordings, architectural designs, and other works. We secure temporary restraining orders and conduct product seizures involving copyrighted works when necessary. We also have experience in counseling clients on obtaining and enforcing copyright registrations. At MBHB, we help clients enhance sources of revenue through copyright licensing.

Our attorneys practice all aspects of copyright law. We assist clients in obtaining federal copyright registrations and in enforcing and defending their copyrights in court. We work closely with clients to ensure that they properly maintain their copyrights and make informed choices as to when to seek copyright protection. From the basic task of securing timely registration for our clients' works at the U.S. Copyright Office to the complex enforcement of copyright protection through litigation in federal court, we take protecting our clients' rights seriously.

We have negotiated many agreements such as assignments and licenses relating to the transfer of some or all rights embodied in copyrights, and have evaluated the copyright implications of various commercial transactions like mergers and acquisitions.

At MBHB, our copyright experience extends to various products and markets, such as computer software; music, entertainment and literary works; Internet content and clothing designs.

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Publications

Fall 2016 (snippets)
The Trans-Pacific Partnership was the latest in a series of multination international agreements aimed at reducing trade barriers and promoting global free trade. However, the subject matter scope of this agreement and the secrecy with which it was negotiated have engendered deep suspicions from a variety of groups regarding whether its goal is truly free trade or whether there are more nefarious motivations behind it. And with the election of Donald Trump, these efforts have apparently amounted to nothing.
Summer 2016 (snippets)
As 3D printing changes the way that companies (and consumers) manufacture articles, it will also have a significant impact on how enterprises can protect their intellectual property and enforce their rights.
Summer 2016 (snippets)
This article provides an overview of the Spotify and Tidal cases, summarizes the applicable copyright law at issue, and provides a technological solution that may help avoid future lawsuits.
June 27, 2016 (snippets Alert)
MBHB snippets Alert - June 27, 2016

By now, everyone has likely heard about the United Kingdom’s vote last week to leave the European Union. Few things are certain at this time, as governments around the world are still making plans to deal with Brexit. Once the UK formally requests withdrawal (which may still be months away), its transition out of the EU will be a lengthy process. As of now, no laws have changed as a result of the UK vote last week. We therefore do not recommend taking any drastic action at this time. We do, however, recommend that any businesses with a presence in the EU begin planning for the changes that will ultimately affect trademark and design rights in Europe.
Spring 2015 (snippets)
In a recent verdict, a California federal jury found that Robin Thicke and Pharrell Williams’ smash hit “Blurred Lines” copied Marvin Gaye’s 1977 song “Got To Give It Up” and awarded Marvin Gaye’s children $7.39 million in damages for copyright infringement. In a follow-up to our earlier articles, we discuss some of the issues raised in the case and what impact, if any, the decision can have on musicians who try to emulate a particular genre or another artist’s sound.
Summer 2014 (snippets)
Pandora Media, Inc., (“Pandora”), with over 250 million registered users and over 70% of the market share of Internet radio, is known as a leader in the digital music industry. In 2013 alone, Pandora streamed 16.7 billion hours of music, including stations that featured genres such as “Motown,” “Oldies,” “70s Folk,” and “Classic Rock.” While Pandora streams iconic songs from these genres, Pandora ceased paying royalties on songs recorded before February 15, 1972 (“pre-1972 sound recordings”), which are only protected by state copyright laws. In an effort to recoup unpaid royalties by Pandora, Capitol Records, LLC, among other record companies, sued Pandora under New York state law for copyright infringement, misappropriation, and unfair competition, leaving Pandora potentially liable for millions of dollars in damages. This article provides an overview of the Pandora case and summarizes some of the complexities of copyright protection of pre-1972 sound recordings.
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