Our focus is thorough accuracy.
In the field of copyright law, our primary focus is on conducting thorough and accurate copyright and title clearance searches, handling all aspects of obtaining proper copyright registrations covering our clients' original works and innovative ideas, monitoring and investigating the potentially infringing activities of third-parties on a worldwide basis, finding ways to resolve copyright issues by negotiation, and preparing enforceable licensing agreements. However, when copyright disputes arise and negotiations do not succeed, our copyright litigation team is prepared to act immediately to protect our clients' interests. That may require enforcement of a copyright against an infringing third party or defense of allegations of infringement made against our client. In either event, our team is committed to achieving our client's business objectives in each case in the most cost-effective manner available.
Buchanan's copyright clients create, own and manage a wide range of copyrightable works, including computer programs and software, databases, books, music, audio recordings, visual art, motion pictures, video productions, interactive computer software products, technical manuals, architectural designs and drawings, semiconductor chips, television programs, advertising materials, fabric and jewelry designs, sculptures, and online services and websites. Our copyright litigation team understands the value of these works to our clients and the risks presented when a third-party accuses one of our clients of infringing a copyrighted work. Whether our client is a plaintiff or a defendant, our copyright litigators are prepared to provide cost-effective, client-oriented litigation services when and where needed.
The copyright litigation team understands and works with the wide range of issues that arise in copyright disputes, including originality, fair use, work for hire agreements and related ownership questions, public domain, the Digital Millennium Copyright Act, Orphan Works and database protection. We have the experience and skill to handle the procedural and strategic problems that litigation of these issues requires, and they have the commitment and will power necessary to ensure that our clients' objectives are achieved whenever possible. Whether in the U.S. Copyright Office, the U.S. Customs & Border Protection Service, or the U.S. district courts throughout the nation, our copyright litigators are committed to protecting our clients' interest and achieving their business objectives in every case.
Representative Experience
- Macrovision Corp. v. Sima Products, et al., United States District Court for the Southern District of New York. [Defended producer of video recording devices against allegations of copyright infringement and violation of the Digital Millennium Copyright Act, which resulted in settlement on favorable terms.]
- Gallup, Inc. v. Kenexa Corp., United States District Court for the Eastern District of Pennsylvania and United States Court of Appeals for the Third Circuit. [Obtained reversal of a district court ruling that The Gallup Organization's copyright covering Gallup's Q12 employee engagement survey was invalid, which later resulted in a settlement on favorable terms.]
- Ragdoll Productions (UK) Ltd., et al. v. Wal-Mart Stores, Inc., et al., United States District Court for the Southern District of New York. [Represented multiple defendants in copyright infringement action, which resulted in settlement on favorable terms.]
- Clare Milne and Disney Enterprises, Inc. v. Stephen Slesinger, Inc., United States District Court for the Central District of California. [Successfully represented Stephen Slesinger, Inc. — owner of the merchandising and other rights to A.A. Milne's Winnie-the-Pooh and Friends characters — against Walt Disney, Inc. in several matters, including termination of copyright rights, breach of contract claims and allegations of trademark infringement.]