Copyrights and Creative Content

Benesch’s copyright and creative content lawyers are experienced in all facets of protecting artistic and creative works of authorship under domestic and international copyright laws. Our lawyers assist clients in maintaining control over the products of their creativity, as well as protecting the profits resulting from those works. Our copyright litigators are experienced in representing clients in disputes concerning copyrighted works. In addition to our ability to represent clients in litigation, we are also skilled in helping clients resolve disputes in favor of business solutions. Our creative content team is particularly experienced in negotiating and drafting all forms of content and brand licensing agreements, including rights of persona and publicity. Our team is also well-versed in copyright law’s fair use provision.

Services include:

  • Counseling clients on protection of copyrightable subject matter, including software, musical compositions and sound recordings, and literary works
  • Filing of applications for copyright registration
  • Drafting and negotiating computer software license agreements
  • Representing clients in litigation involving copyrighted works
  • Procuring and negotiating recording and music-related agreements Drafting and negotiating complex creative content and brand licensing agreements
  • Fair use counseling
  • Large music festival agreements

Recent representative engagements include:

  • Defendant multinational company in music copyright infringement litigation
  • Successfully defended a client in copyright infringement suit brought by the world’s largest computer software company, including defending against a preliminary injunction
  • Represented a major record label in successfully defending a musical composition copyright infringement lawsuit
  • Represented a ring tone provider in connection with clearing copyrights for use in cellular telephone ring tones
  • Successfully represented a plaintiff record company/music publisher in a copyright infringement action against a global television and film company concerning use of sound recording and musical composition in feature film and DVD without permission
  • Represented a technology company in procuring and negotiating content agreements with various record companies for the resale of albums to public libraries for rental to patrons
  • Successfully represented a music publishing company in a copyright infringement action involving unlawful use of musical composition as ring-tone
  • Represented large e-commerce company in copyright litigation against a trade industry group
  • Represented worldwide media company in complex brand licensing program
  • Represented worldwide, multinational jewelry company in drafting and negotiating complex celebrity endorsement agreements
  • Represented world class museum in copyright disputes
  • Represented multinational brand in negotiating endorsement deal with superstar sports figure
  • Represented several production companies and concert promotion companies with financing and with drafting agreements with production and branding partners to stage music concert festivals
  • Represented major greeting card company in negotiating agreements with musical celebrities
  • Fair use counseling