Copyrights and Creative Content
Composed of talented IP litigators, content creators and thought leaders across creative and technology-related industries, Benesch's Copyright practice group brings unmatched experience and perspective guiding clients through the challenges they face and setting them up for success.
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:
- Copyright registrations, filings and worldwide protection of copyrightable subject matter, including software, musical compositions, sound recordings, fashion and literary works
- Computer software license agreements, including for AI, blockchain, crypto, NFTs and the metaverse
- Copyright litigation, including infringement and substantial similarity cases
- Recording and music-related rights-related procurement and licensing agreements
- Complex creative content and brand licensing agreements
- Fair-use counseling
- Software development, implementation, use and services agreements
- Large sponsorships and music festival agreements
- Due diligence counseling and IP asset assessment in the context of corporate transactions, such as mergers, acquisitions and business divorces
- Social media and influencers-related counseling and deals
Emerging Technology and New Media
As new technologies and new media platforms develop, and the internet enables instantaneous sharing of content with millions of people, our lawyers are at the forefront of monitoring social media, metaverse, blockchain, AI and other cutting-edge tech developments. Through our firm's AI initiative, our lawyers are immersed in AI developments and well-versed in how the law is evolving regarding AI and copyright issues and protections. We are identifying the risks posed by new and emerging technologies and preparing our clients for the future with forward-focused strategies and deals based on where the laws and regulations are heading.
Experience
- Represented The Rock and Roll Hall of Fame and Museum in a number of content-related agreements and strategies.
- Assisted licensing Ray Charles Marketing Group in implementing licensing strategies.
- Represented companies of all sizes in copyright prosecution and licensing strategies.
- Represented artists in executing terminations of transfer.
- Represented Cleveland Research Company in a number of copyright and content-related matters.
- Represented estate of major songwriter in assigning copyrights to heirs/successors-in-interest.
- Represented Estate of photographer Art Kane (copyright audit, including “A Great Day In Harlem”).
- Represented declaratory judgment plaintiff in action involving use of plaintiff's music in fitness videotape series.
- Successfully represented a multi-media content company in defending copyright infringement action against global transportation company, including obtaining recompense of attorneys’ fees.
- Successfully represented a music publisher in copyright infringement action against multi-national television and film company, obtaining favorable settlement.
- Represented a major public library in licensing software system to a consortium of Ohio libraries.
- Successfully prosecuted a copyright infringement action against a major cellular telephone manufacturer for infringement of a musical composition in cellular telephone ring tones.
- Successfully prosecuted a copyright infringement action against a major recording artist and his record label for infringement of a musical composition and sound recording in new sound recordings.
- Representation of various Internet music, media, and entertainment companies in drafting streaming and distribution agreements, and in providing general copyright and trademark counseling.
- Represented a production company in consummating deal with a major beverage company concerning use of musical composition and other content in conjunction with theme song for major NBA sports figure.
- Represented a production company in licensing music to Electronic Arts for use in Madden VII video game.
- Serving as lead counsel to the Rock & Roll Hall of Fame and Museum.
- Represented architectural firm in copyright infringement dispute concerning building design.
- Provides general intellectual property and business counseling to national and multi-national creative content companies.
- Represented a major label in defending a copyright infringement lawsuit.
- Successful representation of music publishing company in lawsuit with major telecommunications company for infringement of musical composition in cellular telephone ring tone.
- Represented leading University art historian and professor in dispute over authenticity of 32 paintings.
- Representation of music publishing company/record company in bringing copyright action against major film production company and DVD manufacturer for incorporating musical composition and sound recording in major commercial film without authorization.
- Represented songwriter in obtaining settlement from international film company and major beverage chain related to unauthorized use of musical composition and recording in motion picture.
- Represented leading provider of infrastructure for distributing premium digital content to public libraries in acquiring music content from major independent and major record labels.
- Successfully represented a consumer products company in negotiating favorable settlement with multi-national music publishing company.
- Testa et al. v. Channel Four Television Corporation; U.S. District Court, Northern District of Ohio Represented plaintiff in copyright infringement action relating to musical composition; negotiated favorable settlement of claim.
- Representation of ring tone provider in connection with clearing copyrights for use in cellular telephone ring tones and related general business counseling issues.
- Represented a legendary rock artist in copyright infringement litigation and negotiated favorable settlement after summary judgment rulings.
- Representation of major ballet company regarding obtaining private equity investment and resolving various copyright issues, public television issues, and Musicians' Union issues, concerning successful stage and video production.
