Next Generation Partners

Firms To Watch: Copyright

The national copyright group at Nixon Peabody LLP continues to grow, bringing strength to advising celebrities (including the estate of the Notorious B.I.G.) and multinationals across the fashion, gaming, travel, and entertainment sectors.

Copyright in United States

Cowan, Liebowitz & Latman, PC

The powerhouse boutique New York firm Cowan, Liebowitz & Latman, PC remains a leader in the marketplace, advising major multinationals across such sectors as music, publishing, video games, sports, and retail on high-stakes copyright prosecution and litigation. Jonathan King heads the practice, representing key music recording and publishing clients, such as Sony Music Entertainment, Warner Music and Atlantic Records. Seasoned litigator Richard Mandel brings over three decades of experience in the practice space to the team. Publishing sector expert Richard Dannay acts for Penguin Random House and other major market players, on high-stakes infringement cases and issues of fair use. Counsel Thomas Kjellberg specializes in the field of copyright licensing and enforcement. Eric Shimanoff, a veteran copyright lawyer with extensive experience at the federal and state levels, handles matters concerning web sites, social media, and NFTs. Joel Karni Schmidt provides key support on clearance, registration, and enforcement matters for a wide-ranging base of clients, which spans the video games, media, and retail sectors. Joelle Milov was promoted to partner in January 2023. Maria A. Scungio joined from Robinson & Cole LLP in February 2023. All the lawyers mentioned work in New York.

Responsables de la pratique:

Jonathan King


Autres avocats clés:

Thomas Kjellberg; Richard Mandel; Richard Dannay; Eric Shimanoff; Joel Karni Schmidt; Joelle Milov


Les références

‘The team is very responsive and creative, and will always go the extra mile so the client will be happy.’

Principaux clients

Atlantic Recording Corporation


Dover Publications Inc.


Eli Lilly


Hanky Panky Ltd.


HarperColllins


Houghton Mifflin Harcourt Publishing Company


House of Skye LLC


Magic School Bus authors


Materialize N.V.


McGraw Hill Education


Norman Rockwell Family Agency


Paul H. Brookes Publishing Co., Inc.


Penguin Random House


Practising Law Institute


Rick Riordan


Rosen Publishing Group Inc.


Sony Music Entertainment


Sotheby’s


Star of Hope


Teachers College Press, Columbia University


The First Church of Christ, Scientist


The Forward Fund, Inc.


The Promotion in Motion Companies, Inc.


Trebco Specialty Products (WUBBANUB)


Universal Music Group


Warner Music Group


Writers House


Principaux dossiers


  • Representing Universal Music Group and other music publishers in an action that alleges a “systematic and widespread infringement“ of copyrighted song lyrics by the artificial intelligence company Anthropic through its available AI chatbot Claude.

King & Spalding

The trial and global disputes group at King & Spalding LLP remains a dominant force in the practice area, representing such major household names in media and entertainment and tech as Netflix, Amazon, Disney, Zoom, Google, ByteDance and Warner Media in high-stakes copyright litigation. Kenneth Steinthal in San Francisco heads the team, bringing over 40 years of trial experience and expertise on intellectual property rights and licensing to advise multinationals engaged in audiovisual media content distribution. Arwen Johnson in Los Angeles brings expertise to key names in entertainment, advising on Netflix and Warner Bros. on such matters as idea theft, copyright infringement and contract disputes. David Mattern in Washington DC advises service providers and tech platforms on matters involving the Digital Millennium Copyright Act (DMCA).

Responsables de la pratique:

Kenneth Steinthal


Autres avocats clés:

Arwen Johnson; David Mattern


Principaux clients

Google/YouTube


National Public Radio (NPR), Public Broadcasting Service (PBS) and Corporation for Public Broadcasting


Zoom Video Communications, Inc.


Viacom/CBS


Netflix


ByteDance/TikTok


Peloton


The Orchard (Sony Music subsidiary)


Warner Media (including HBO, Turner, and Warner Bros.)


Mood Media/Muzak


Disney/ESPN


A&E Television Networks


AMC Networks


BBC


Bloomberg TV and Radio


Cumulus Media


Discovery Communications / Scripps Networks


DISH


Audacy (formerly known as Entercom and including CBS Radio)


Fox Cable


Kirkland & Ellis LLP

The team at Kirkland & Ellis LLP remains a market leader, advising multinational corporates across such tech, video games, aerospace, publishing and media sectors, including Epic Games, IBM, and Take-Two Interactive. Intellectual property authority Dale Cendali, who represented Oracle in the Supreme Court and throughout the long-running Google v Oracle case, heads the practice, bringing extensive experience to high-stakes infringement matters on behalf of celebrities, major motion picture studios and corporates in tech. Seasoned litigator Claudia Ray handles complex combined copyright and competition law matters in New York. Joshua Simmons supports Cendali in acting for clients across the tech and medical devices spaces. All lawyers mentioned work in the New York office. Miranda Means, who works at the firm’s Boston location, was promoted to partner in October 2023.

Responsables de la pratique:

Dale Cendali


Autres avocats clés:

Joshua Simmons


Principaux clients

Alcon Vision LLC


Astronics Corp.


Deloitte Consulting LLP


Epic Games, Inc.


IBM Corporation


Take-Two Interactive Software Inc.


Thomson Reuters Enterprise Centre GmbH


Latham & Watkins LLP

The market-leading US copyright team at Latham & Watkins LLP leverages the bench strength of a global presence spanning North America, Europe, Asia, and the Middle East to advise a client roster of major multinationals across such sectors as entertainment, tech, art, and generative AI, on high-stakes infringement litigation, including household names Spotify, Johnson & Johnson, and Live Nation. The practice is led by veteran IP litigators Andrew Gass in San Francisco and Sy Damle in Washington DC, who were lead counsels representing the Andy Warhol Foundation for the Visual Arts in a widely-covered US Supreme Court case related to the “fair use” of copyrighted content and who are currently defending both OpenAI and Anthropic in widely-covered cases over alleged infringement, along with Digital Millennium Copyright Act expert Allison Levine Stillman in New York, and Joe Wetzel (also San Francisco), a specialist in the music and software sectors. Other key figures include tech litigation specialists Elana Nightingale Dawson at the DC office, and Britt Lovejoy in San Francisco. Gabe Fleet, who arrived at the New York office from broadcasting company iHeartMedia, joined the firm in March 2023.

Responsables de la pratique:

Sy Damle; Andrew Gass; Allison Stillman; Joe Wetzel


Autres avocats clés:

Elana Nightingale Dawson; Britt Lovejoy


Les références

‘They have a market-leading practice for digital copyright issues across many areas (e.g., AI, music) and provide practical, actionable advice that brings to bear their deep expertise.’

‘Alli Stillman and Sy Damle are both really excellent, as is Andy Gass. All are outstanding partners.’

‘Latham’s copyright team is full of stellar attorneys who not only understand every intricacy of US copyright law, but are also finely attuned to the user-generated content space and both the practical and commercial considerations that flow from that knowledge.’

Principaux clients

Pandora


The Andy Warhol Foundation


OpenAI


Roblox Corporation


Anthropic PBC


Internet Archive


DeviantArt


Live Nation


North American Concert Promoters Association (NACPA)


Spotify


Johnson & Johnson Surgical Vision


Digital Licensee Coordinator, Inc.


National Association of Broadcasters


iHeartMedia


Bold Limited/Bold LLC


Church of Jesus Christ of Latter-day Saints, et al.


Principaux dossiers


  • Achieved a favourable result for music streaming service Pandora in a nine year-long, high-profile litigation over the use of “pre-1972 sound recordings,” in a suit brought by members of the 1960s rock band The Turtles.
  • Representing Live Nation in a trial against performing rights organization Broadcast Music, Inc. to establish the royalties paid by the live concert industry for the rights to perform music in the US.
  • Representing OpenAI in all four of the copyright lawsuits filed by authors such as Michael Chabon, Sarah Silverman, and George R.R. Martin.

Loeb & Loeb LLP

The intellectual property group at Loeb & Loeb LLP remains a force in the marketplace, leveraging the deep bench strength of locations in the US and Asia, to represent household names such as Netflix and Paramount Pictures in high-stakes copyright litigation. The practice is led in Los Angeles by fashion, luxury, and retail sector expert Melanie Howard (who brings experience to matters involving cryptocurrency, blockchain and NFTs) and in New York by Barry Slotnick, a music and entertainment specialist whose past clients have included the Beastie Boys, David Guetta, and the J.R.R. Tolkien estate. David Grossman in Los Angeles is a go-to for major clients in film and television and successful defended Netflix and the Duffer Brothers in a copyright infringement lawsuit filed over the series Stranger ThingsJonathan Zavin handles matters for major recording and publishing clients in New York. Tal Dickstein, also in New York, works alongside Slotnick on film industry matters. Wook Hwang left the team in April 2024.

Responsables de la pratique:

Barry Slotnick; David Grossman; Melanie Howard


Autres avocats clés:

Jonathan Zavin; Tal Dickstein


Les références

‘Whether in LA or New York, the Loeb team has you covered for copyright and general media litigation.’

‘Dave Grossman is one of the top copyright litigators in LA. Considering the firm’s price point, I think he is #1 in the region in terms of value for money.’

 

Principaux clients

Atticus LLC


Netflix


Matt and Ross Duffer


Miramax, LLC


Paramount Global,


Cable News Network (CNN)


BET


Warner/Chappell Music Publishing


SonyATV Music Publishing, Sony Music Publishing (US) LLC, Sony Music Entertainment


PeerMusic


Spirit Music Group


Concord Music Publishing


ABKCO Music


David C. Cook dba Integrity Music


Capitol CMG, Inc.


Osinachi Kalu Okoro Egbu pka Sinach


Reservoir Media Management, Inc.


Atlantic Recording Corporation


Elektra Entertainment Group, Inc.


Warner Music Inc. and Warner Music Group Corp.


Shalon Palmer, Worship Online


Roderick Wayne, Jr. (professionally known as Roddy Ricch)


Blue Nike Publishing LLC


Kobalt Music Publishing America, Inc


Warner-Tamerlane Publishing Corporation


Volume Ventures Publishing, LLC


Principaux dossiers


  • Successfully represented Atticus LLC, the production company behind the Aaron Sorkin stage adaptation of the Harper Lee novel To Kill a Mockingbird, in a copyright case brought against the Dramatic Publishing Company to determine the effect of Harper Lee’s copyright termination of a prior exclusive license she granted to Dramatic in 1969.
  • Defended Netflix, and Matt and Ross Duffer, the creators of the Netflix hit television series “Stranger Things,” against a copyright infringement case in which screenwriter and producer Jeffrey Kennedy filed suit through his production company Irish Rover Entertainment asserting, among other claims, that “Stranger Things” included elements from the writer’s undeveloped screenplays and in particular that the “Shadow Monster” was based on a character Kennedy created.
  • Secured a complete victory on behalf of client Miramax, LLC, and its related licensees in a suit brought by renowned photographer Firooz Zahedi, who claims to own the rights to an iconic photograph of Uma Thurman used in the poster for the movie “Pulp Fiction,” which Miramax produced.

Kilpatrick Townsend & Stockton

Kilpatrick Townsend & Stockton leverages the experience of its team to represent major household names such as Warner Bros. Discovery, Paramount, Amazon, and Meta in high-stakes litigation, in addition to providing comprehensive non-contentous advice on the management and expansion of their high-value international copyright portfolios. The team’s full service extends to matters of fair use, China-related copyright issues, secondary liability, joint authorship, work-for-hire agreements, and database protection. The practice is led by James Trigg, an expert in disputes involving textile prints and photographic works who operates out of the Atlanta and New York offices, and in Silicon Valley by Joe Petersen, an expert in litigation, arbitration, and administrative proceedings. In Los Angeles office, Kollin Zimmerman represents advises clients across the entertainment and consumer goods spaces on complex preliminary injunction motions. In New York, Rob Potter, who represents Sesame Workshop, brings extensive expertise to anti-counterfeiting, and counsels on NFTs.

Responsables de la pratique:

James Trigg; Joe Petersen


Autres avocats clés:

Rob Potter; Kollin Zimmermann


Les références

‘Joe Petersen is a superior lawyer, oral advocate, and counselor. His poise, professionalism, and legal acumen are unsurpassed in my experience.’

Principaux clients

Warner Bros. Discovery


Sesame Workshop


Live Nation


Interface


Viacom


Meta


Cox Enterprises


Cox Media Group


Oxford Industries (owner of Lilly Pulitzer and Tommy Bahama brands)


Fanatics


Tory Burch


Snap


Inditex


adidas


Paramount


Snap


Amazon


Marriott International


Boppy Company


Principaux dossiers


  • Successfully obtained dismissal of copyright litigation against client Fanatics, Inc. on grounds of lack of originality and no substantial similarity.
  • Obtained default judgment and award of substantial statutory damages on behalf of Inditex (owner of the Zara fashion brand) in case involving widespread copying of product photography.
  • Counseled Cox Enterprises property The Atlanta-Journal Constitution in connection with feature documentary film focusing on Atlanta’s role in the evolution of hip-hop.

Mayer Brown

The copyright team at global firm Mayer Brown brings strength to advising major multinational tech companies, streamers, and licensing associations involved in high-stakes litigation. The group’s full comprehensive offering extends to matters ranging from infringement, fair use defenses, and royalty audits to licensing, the DMCA and its safe harbor for internet service providers, and copyright issues related to AI. The practice is headed by Paul Fakler, who draws extensive experience representing clients before the Copyright Royalty Board and other royalty rate setting venues, and John Mancini, who litigates new media and internet disputes at the federal and state levels, and whose active client base includes Google and Spotify. Jacob Ebin represents clients before the US Department of Justice as part of its recurring reviews of the ASCAP and BMI Consent Decrees. Partner William Patry joined from Google in June 2023. All the lawyers mentioned work in the New York office.

Responsables de la pratique:

John Mancini; Paul Fakler


Autres avocats clés:

Jacob Ebin


Les références

‘I have been impressed by the team’s deep knowledge of the copyright sector, in particular its knowledge of the individual players in the music copyright business.’

‘John Mancini has an in-depth knowledge of what is happening in the complex US music copyright sector. ’

Principaux clients

Pandora Media, LLC


Google


Music Choice


Orchestra Music Licensing Association


Sirius XM


Spotify USA Inc.


Revolution Beauty


Principaux dossiers


  • Representing Pandora in various copyright infringement cases.
  • Representing Spotify in claims of copyright infringement over Eminem’s ‘Lose Yourself’ and other tracks.

Mitchell Silberberg & Knupp LLP

A go-to firm for major video game developers and media and entertainment companies involved in high-stakes copyright litigation, Mitchell Silberberg & Knupp LLP harnesses the combined bench strength of offices in Los Angeles, New York, and Washington DC to represent such multinational corporates as Shutterstock and Riot Games, across sectors ranging from media and tech to entertainment and food and beverages. The practice is led by Eleanor Lackman in New York, who brings extensive experience to acting in litigation for companies in tech, e-commerce, and fashion spheres; and in Los Angeles by Elaine Kim, who represents film and television studios in complex litigation, and Marc Mayer, who brings over 25 years’ experience to acting on behalf of video game publishers. In New York, music industry specialist Christine Lepera advises major solo artists, bands, and labels. In LA, Emily Evitt handles infringement claims on behalf of television and movie studios.

Responsables de la pratique:

Eleanor Lackman; Elaine Kim; Marc Mayer


Autres avocats clés:

Christine Lepara; Marissa Lewis


Principaux clients

Shutterstock Inc.


Seeking Alpha


Post Malone


Riot Games


Blue Apron


Morrison Foerster

Bolstered by its January 2023 combination with San Francisco IP boutique Durie Tangri LLP, the group at Morrison Foerster leverages the bench strength of its team and the backing of a network spanning Asia, Europe, and the Americas, to represent major corporates in consumer products, education, and tech (including OpenAI and MetaPlatforms) involved in high-stakes copyright prosecution and litigation. The practice is co-chaired by a team of experienced tech litigators across the nation: Bita Rahebi in Los Angeles, Mark Whitaker in Washington DC, Brian Nash in Austin, and Timothy Chen Saulsbury in San Francisco. Joseph Gratz, the lead litigator for OpenAI, and firm IP practice co-founder Michael Jacobs, are key names in handling emerging tech matters, with an emphasis on high-profile cases involving the application of generative artificial intelligence. In Los Angeles, Allyson Bennett specializes in representing e-commerce platforms, TV studios, and social networks. Rose Lee was promoted to partner at the same office in January 2024, and provides expertise in copyright, patent, and trade secret matters.

Responsables de la pratique:

Bita Rahebi; Mark Whitaker; Brian Nash; Tim Saulsbury


Autres avocats clés:

Joseph Gratz; Michael Jacobs; Allyson Bennett


Les références

‘Superior IQ about both legal analysis and technology.’

‘Joe Gratz is one of a very small number of lawyers who are absolute experts on the intersection of copyright and new technology.’

Principaux clients

OpenAI


Instagram


F5 Inc.


Meta Platforms


Redbubble


ResearchGate


Course Hero


UpCodes


Block, Inc.


Principaux dossiers


  • Represents OpenAI in a class action Digital Millennium Copyright Act suit about generative AI models, as well as two separate proposed copyright class actions cases brought by groups of authors, including  comedian Sarah Silverman, regarding the inclusion of their books in datasets used to train ChatGPT to respond to text prompts.
  • Represented F5 Inc. in a copyright infringement, fraud, and related legal theories filed by Lynwood Investments in the U.S. District Court for the Northern District of California.
  • Represented Meta Platforms in a copyright class action brought by a photographer in the Northern District of California involving a feature on the Meta platform that allows users to embed Facebook content on other websites.

Oppenheim + Zebrak Law, LLP

The copyright group at Washington DC and New York-based intellectual property boutique firm Oppenheim + Zebrak Law, LLP leverages the bench strength of its team to represent major book and music publishers and record companies (including Sony Music Entertainment, Warner Music Group, Harper Collins, and Penguin Random House), involved in high-value infringement litigation. Especially of note is the firm’s involvement in UPMG, Concord Publishing, and ABKCO’s high-profile suit against Anthropic over the use of copyrighted material to train its generative AI system Claude. The group is headed in DC by music industry expert Matt Oppenheim and Scott Zebrak, who brings longstanding copyright and litigation experience to matters involving digital media and disruptive technologies. Alex Kaplan, a specialist in mass litigation brought by clients against social media companies and ISPs, heads the NY office, where Jenny Pariser, who arrived in September 2023 from the Motion Picture Association, draws on an extensive background in online copyright law. Also in DC, Michele Harrington Murphy acts in complex federal litigation involving counterfeiting, digital rights enforcement, licensing, and royalties disputes, and Jeff Gould acts in high-value matters for clients in the recording industry. Experienced copyright and trademark litigators Nick Hailey and Corey Miller in DC were promoted to partner in December 2023.

Responsables de la pratique:

Scott Zebrak; Matt Oppenheim


Autres avocats clés:

Alex Kaplan; Michele Harrington Murphy; Jenny Pariser; Nick Hailey; Jeff Gould


Les références

‘Very polished and strong in copyright law and trial law. Exceptional lawyers with an incredible background and successful track record. Responsive, efficient, pragmatic.’

‘Matt, Scott, Michelle, and Nick are all smart, trustworthy, experienced, resourceful, polished, and respected.’

‘Very learned and pragmatic counsel.’

Principaux clients

ABKCO Music


BMG Rights Management


Kobalt Music Publishing America, Inc.


SoundExchange, Inc.


Sony Music Entertainment


Universal Music Group


Warner Music Group


Recording Industry Association of America


American Chemical Society


Macmillan Learning


Cengage Learning


McGraw-Hill Education


Pearson Education


John Wiley & Sons


Elsevier


Hachette Book Group


Harper Collins


Penguin Random House


Association of American Publishers


National Music Publishers Association


Global Music Rights


Big Machine Music


Concord Music Publishing


Concord Music Group


Hipgnosis


Peermusic III


Reservoir Media Management


Principaux dossiers


  • Represents music publishers (UPMG, Concord Publishing, ABKO) suing artificial intelligence company Anthropic for the infringement of their copyrighted song lyrics.
  • Represents major music publishing companies in a case against social media giant Twitter (now “X”) for willful copyright infringement.
  • Represents SoundExchange in a lawsuit against SiriusXM to recover unpaid royalties and late fees owed under the Copyright Act for the use of sound recordings on the satellite streaming service.

Pryor Cashman LLP

Leveraging the combined the bench strength of its Los Angeles and Miami locations, the experienced team of copyright music and entertainment industry specialists at New York-based firm Pryor Cashman LLP advise celebrities, brands, artists, and influencers on the management of their copyright assets and the safeguarding of them through high-stakes litigation. The practice is headed by Frank Scibilia, an experienced litigator who brings strength to acting for music publishers and record labels on transactional work, enforcement, due diligence, and rights clearance, and Ilene Farkas, who was promoted to practice leader in January 2024, and who advises artists, songwriters, and producers on music industry disputes and DMCA safe harbor defenses. Donald Zakarin and James Sammataro, who works at the Florida office, bring strength to infringement litigation and matters involving secondary liability. Ben Semel brings strength to litigation over music royalties and whose clients include Warner Music Group and the National Music Publishers’ Association. Key support is provided by Brian Maida. Unless noted, all lawyers mentioned work in New York.

Responsables de la pratique:

Frank Scibilia; Ilene Farkas


Les références

‘The team is highly skilled and used to managing international clients and explaining how to strategize in a US law environment.’

‘Ilene Farkas has an aura of seniority and trustworthiness, combined with world-class knowledge.’

‘Pryor’s team possesses the unique combination of depth of knowledge in copyright law, depth of knowledge in industry practices, and depth of knowledge in business operations.’

Principaux clients

Ed Sheeran


Sony Music


Sony Music Publishing


Universal Music Group


Universal Music Publishing Group


Warner Music Group


National Music Publishers’ Association


Nashville Songwriters Association International


The MLC (Mechanical Licensing Collective)


Sony Music Entertainment


EMI Group Limited, Seasons Four, et al.


Epidemic Sound S.A.


Roc Nation


Justin Bieber


Benny Bianco


Khalid


Halsey


Daddy Yankee


Megan Thee Stallion


Elton John


Enrique Iglesias


Ariana Grande


Principaux dossiers


  • Successfully represented singer-songwriter Ed Sheeran, Warner Music Group, Sony Music Publishing, and others in a music copyright jury trial in the U.S. District Court for the Southern District of New York.
  • Successfully represented the National Music Publishers’ Association (NMPA) and Nashville Songwriters Association International (NSAI) and their music publisher and songwriter constituents in the successful ruling by the Copyright Royalty Board (CRB) in the Phonorecords III matter to increase royalty rates by nearly 44% to songwriters and music publishers from interactive streaming and limited download services such as Google, Apple, Amazon, Spotify, and Pandora, for the years 2018-2022, and to achieve an even further increase in rates for the years 2023-2027 in Phonorecords IV.
  • Representing Sony Music, Sony Music Publishing, Universal Music Group, Warner Music Group, Kobalt, Hipgnosis, Pitbull, Luis Fonsi, Daddy Yankee, and other music publishers, record labels, and artists in a copyright infringement action commenced by the Jamaican production duo Steely & Clevie, who claim to have created and own certain rhythmic elements common to the reggaeton musical sub-genre.

Quinn Emanuel Urquhart & Sullivan, LLP

Harnessing the full bench strength of a disputes firm spanning four continents, the intellectual team at Quinn Emanuel Urquhart & Sullivan, LLP manages and protects – through high-stakes litigation – the international copyright portfolios of household names in entertainment and tech, such as Vimeo, Spotify, and X (Twitter). The team is headed by an experienced group of partners: in New York, by veteran commercial litigator and international arbitrator Rachel Epstein and Todd Anten, who recently secured a victory for video-hosting website Vimeo against copyright infringement claims brought by major record labels on safe-harbor grounds under the Digital Millennium Copyright Act; Dan Posner in Los Angeles, who acts on behalf of both plaintiffs and defendants at the trial court and appellate levels; and Margret Caruso in Silicon Valley, a specialist in infringement actions concerning design, biochemical, computer, and mechanical patents. Jodie Cheng in San Francisco was promoted to partner January 2024.

Responsables de la pratique:

Margret Caruso; Rachel Epstein; Todd Anten; Daniel Posner


Les références

‘Margret Caruso is top of the game.’

Principaux clients

Zuru, Inc.


Vimeo, Inc. & Connected Ventures, LLC


Spotify USA Inc.


Snail Games USA Inc. and Wildcard Properties LLC


NetEase Inc., Hong Kong NetEase Interactive Entertainment Limited, and NetEase Information Technology Corporation


Big Run Studios Inc. and Skillz Platform Inc.


TIBCO Software Inc.


Vizio, Inc.


Zazzle Inc.


TeamLab, Inc.


X Corp. (formerly Twitter)


BabyBus Co., Ltd


Principaux dossiers


  • Representing Spotify USA Inc. in a litigation brought by the owners of the mechanical rights in Eminem’s early catalog – a case that implicates multiple issues of first impression, including the limitation of liability under the Music Modernization Act.
  • Represent Snail Games USA Inc. and Wildcard Properties LLC (“SWC”) in a copyright case between video game companies.

Weil, Gotshal & Manges LLP

The copyright team at Weil, Gotshal & Manges LLP draws on the strength of the firm's global network to advise and represent social media platforms, digital music streamers, book publishers, insurers, and companies in the consumer electronics, pharma, and e-commerce sectors on a comprehensive spectrum of copyright issues, ranging from infringement and licensing disputes to secondary liability and DMCA compliance. The practice is headed by Benjamin Marks, who specializes in music copyright royalty cases and acts for clients in litigation involving emerging tech, such as generative AI. Randi Singer brings experience to representing clients in the publishing, social media, and e-commerce spaces, including Meta and eBay, involved in high-stakes infringement matters. Todd Larson provides expertise in royalty rate-setting proceedings and the negotiation of music publishing and sound recording performance licenses. All lawyers mentioned work in New York.

Responsables de la pratique:

Benjamin Marks


Autres avocats clés:

Randi Singer; Todd Larson


Principaux clients

Getty Images (US), Inc.


A&E Television Networks


MGA Entertainment


Sirius XM Radio Inc. and Pandora Media, LLC


American International Group, Inc. (AIG)


Alibaba Group


Meta Platforms (including subsidiaries Facebook, Instagram, WhatsApp, and Oculus)


Samsung Electronics


eBay


North American Concert Promoters Association


Sanofi


Godiva Chocolatier, Inc.


CareDX, Inc.


Kano Computing Limited


Association of American Publishers


Principaux dossiers


  • Defeated a motion to dismiss in a trademark and copyright infringement lawsuit on behalf of A&E, challenging competitor Reelz’ airing of a programme A&E alleges to be a copycat of Live PD.
  • Commenced an AI-related case for Getty Images as plaintiff against Stability AI, alleging copyright and trademark infringement.

ArentFox Schiff

ArentFox Schiff draws on the bench strength of its national presence to advise household names in tech, retail, entertainment, automobiles, manufacturing, and fashion, including Mick Jagger and Keith Richards, Warner Bros. Discovery, Ferrari, Amazon, and Tesla, on high-stakes litigation and the management of their international copyright portfolios. The practice is headed in Washington DC by fashion law expert Anthony Lupo, who has acted for Diane von Furstenberg, Yves Saint Laurent, Jimmy Choo, and Valentino. US and Venezuela-qualified litigator Ricardo Fischer, also in DC, heads the firm’s trademark team and advises clients in the pharma, confectionary, and coffee industries. In New York, Michelle Mancino Marsh, who heads the firm’s consumer products group, assists major corporates in media, financial services, and agricultural products, with intellectual property strategy and disputes at the state and federal levels. Matthew Finkelstein operates out of the Boston office, and also in New York, where along with Ross Charap, he advises creatives (including songwriters and recording artists) on the exercising of their termination rights.

Responsables de la pratique:

Anthony Lupo


Autres avocats clés:

Ricardo Fischer; Michelle Mancino Marsh; Matthew Finkelstein; Ross Charap; Matthew Mills


Les références

‘Ross Charap brings a wealth of knowledge and experience coupled with a tremendous personality and old-fashioned charm. You always know where you stand with Ross. Matt Finkelstein is a machine of productivity and expertise. They make an unparalleled combination.’

Principaux clients

Mick Jagger and Keith Richards of the Rolling Stones, together with their music publishing company Promopub B.V.


Pointer Sisters


BMG Rights Management (US) LLC


Wise Music


Estate of William E. “Billy” Preston


Livelihood Music Company


BMG Rights Management (US) LLC


Family of the late famed hip hop photographer Chi Modu


Warner Bros. Discovery


Boston Dynamics


Encyclopaedia Iranica Foundation


Buzzfeed, Inc.


Ferrari S.p.A.


Tesla


Principaux dossiers


  • Defending Mick Jagger and Keith Richards, together with their music publishing company Promopub B.V., BMG Rights Management (US) LLC and UMG Recordings, Inc. in a copyright infringement lawsuit commenced in federal court in Louisiana.
  • Acting as primary IP counsel for Warner Bros. Discovery, overseeing the company’s international and domestic trademark and copyright portfolio.
  • Representing Amazon in a copyright litigation pending in the Southern District of New York concerning rights to distribute Austin Powers: International Man of Mystery and other film titles.

Arnold & Porter

The intellectual property group at Arnold & Porter brings strength to defending the copyright portfolios of major sports leagues, broadcast and cable networks, and film studios involved in high-stakes litigation. The practice is led by experienced intellectual property litigators Matthew Wolf, a tech sector specialist in Washington DC, and Dina Hayes, who utilises complex litigation to confront counterfeiting in Chicago. Representing household names in broadcasting and film production, Dori Hanswirth brings media and entertainment expertise to the firm’s New York office, along with Theresa House, who, in addition to entertainment files, also advises on complex First Amendment issues. Rhonda Trotter at the Los Angeles office currently represents consumer credit company Experian in ongoing matters. In Washington DC, counsel Michael Kientzle gives focus to sports matters, representing Major League Baseball, the NBA, WNBA, NCAA, NFL, and the NHL. In Los Angeles, counsel Oscar Ramallo employs a skill set in every stage of copyright litigation, drawing on a background as a clerk for Chief Judge for the United States Court of Appeals for the Ninth Circuit.

Responsables de la pratique:

Matthew Wolf; Dina Hayes


Autres avocats clés:

Dori Hanswirth; Theresa House; Rhonda Trotter; Michael Kientzle; Oscar Ramallo


Principaux clients

ASCAP


Coilmaster Corporation


Experian


Fox News Network, LLC


ITV America


Joint Sports Claimants (JSC)


Nexon


Shortform


Principaux dossiers


  • Representing Nexon, an online game company in connection with claims against former senior employees and the company they founded.
  • Serving as lead counsel to the Joint Sports Claimants (JSC)—a consortium comprised of Major League Baseball, National Football League, National Basketball Association, National Hockey League, Women’s National Basketball Association, and National Collegiate Athletic Association—at both the trial and appellate level in copyright royalty allocation litigation involving more than $1bn in royalties.
  • Represents ASCAP, in all California litigation to enforce the music copyrights of its composer, songwriter, and publisher members.

Davis+Gilbert LLP

New York-based firm Davis+Gilbert LLP employs the bench strength of its experienced team to advise such household names as Little Caesars on the management and protection of their global copyright portfolios. The practice is headed by advertising and marketing expert Ronald Urbach, who brings expertise to clients across such spaces as the automotive industry, electronics, and food and beverages. Marc Rachman specializes in complex disputes involving music, photo, pictorial, sculptural, and literary works. Seasoned IP litigator, arbitrator, and mediator Guy Cohen draws on over 25 years of experience in the IP space to represent businesses in media, consumer goods, manufacturing, and retail. Sara Edelman acts for content creators, advertising agencies, and fashion companies. Ashima Dayal, a specialist in disputes over the usage of third-party content, advises authors, book publishers, filmmakers, and fashion designers. Key support is provided by associate Danielle Zolot. Louis DiLorenzo was promoted to partner in January 2024. All the lawyers mentioned work in the New York.

Responsables de la pratique:

Ronald Urbach


Autres avocats clés:

Marc Rachman; Guy Cohen; Sara Edelman; Ashima Dayal; Danielle Zolot.


Les références

‘Marc Rachman is incredible. Smart, easy to get along with, had great background knowledge of our industry, so we didn’t need to spend any billable hours providing him with industry context, and of course, delivered an incredible result for us.’

Principaux clients

Hypixel Studios


Little Caesars


ModTruss, Inc.


Blockthrough


Creed Fragances


GrubHub Seamless


Merlyn Mind


Clean.io


DLA Piper LLP (US)

DLA Piper LLP (US) harnesses the bench strength of a global network  to provide a full range of management and enforcement services and to safeguard the copyrights of major multinational clients (including Pfizer, Nike, and Midjourney) involved in high-stakes litigation. The practice’s active client base spans industries ranging from apparel, fitness, media and entertainment to hospitality, tech, consumer goods, and financial services. The team is led by seasoned intellectual property litigator Tamar Duvdevani in New York, who specializes in the fashion retail and consumer goods sectors. Gina Durham in San Francisco, deputy practice leader of the firm’s IP and technology group, who brings expertise to matters involving copyright, trade dress, false advertising, and AI. Kevin Fee in Washington DC, who draws on extensive copyright litigation experience at the trial and appellate levels. Also in DC, senior associate Rachel Fertig, who counsels clients across such sectors as art, tech, music, and media sectors, and associate Jane Wise, whose client base includes consumer products manufacturers, publishers, retailers, and financial institutions.

Responsables de la pratique:

Tamar Duvdevani


Autres avocats clés:

Gina Durham; Kevin Fee; Rachel Fertig; Jane Wise


Les références

‘Clearly diverse and inclusive in all dimensions. Transparent in their feelings, always open to our questions, and good people that we’re proud to be represented by.’

‘Kevin Fee and Rachel Fertig are outstanding, brilliant legal minds. Kevin’s experience and strategy, along with Rachel’s attention to detail and copyright knowledge, make for a perfect combination.’

Principaux clients

ASTM International


International Code Council, Inc.


Nike, Inc.


Midjourney


Tracy Anderson Method


Pfizer, Inc.


Concord


The Daily Caller


DER Touristik


Principaux dossiers


  • Acting as counsel for text-to-image generative AI company MidJourney, in securing branding assets and executing on trademark and copyright issues around the world.
  • Representing celebrity trainer Tracy Anderson in a lawsuit aimed at protecting her fitness method, initiated against Megan Roup and The Sculpt Society.
  • Represent the plaintiff in ASTM v. Public.Resource.Org, a case addressing novel issues at the intersection of copyright, trademark, administrative, and constitutional law.

Fenwick & West LLP

The copyright group at Fenwick & West LLP pairs the bench strength of locations across North America and Asia with the experience of its team, to provide household name corporates (including Meta, Amazon, Netflix, and OpenAI) with a comprehensive offering, from portfolio management and transactional support to representation in high-stakes infringement litigation. The practice’s active client base spans the software, tech, media, e-commerce, and publishing sectors. The group is led in San Francisco by tech transaction expert Jennifer Stanley, who advises OpenAI on copyright matters, and experienced software sector expert Laurence Pulgram, who brings over 30 years of experience. The team is supported in Silicon Valley by David Hayes, a seasoned litigator who brings expertise to software copyright infringement disputes. In New York, Mark Jansen advises tech clients involved in areas ranging from AI and blockchain to AR/VR and the gaming industry.  Also in San Francisco, Jedediah Wakefield chairs the firm’s litigation practice and represents tech and life sciences companies, and counsel Tracy Randall advises on digital distribution business models.

Responsables de la pratique:

Jennifer Stanley; Laurence Pulgram


Autres avocats clés:

David Hayes; Jed Wakefield; Mark Jansen; Tracy Randall


Principaux clients

Cisco Systems


Cosmos Entity, Inc.


Meta


NVIDIA


Amazon


Chegg


Netflix


OpenAI


Yuga Labs


Principaux dossiers


  • Defending Chegg Inc. against a copyright infringement lawsuit filed by Pearson Education, raising the issue of whether generation of answers to questions in textbooks whose copyright is owned by Pearson infringes the copyright in the textbook and/or in the questions themselves.
  • Representing Cloudflare in a lawsuit by bridal and formal wear manufacturers that are attempting to impose intermediary liability for alleged copyright infringement by customers.
  • Advising OpenAI, a key player in the AI sector, on intellectual property matters, with a focus on copyright issues.

Katten

The intellectual property group at Katten utilizes the deep bench strength of offices in the US and in Shanghai and London to advise on high-profile copyright claims involving household names in media, entertainment, tech and fashion. The team is headed in New York by global chair Deepro Mukerjee and Karen Artz Ash, a fashion sector specialist, who represents luxury brand designers, retailers, and apparel manufacturers; Floyd Mandell in Chicago, who draws on over 20 years of IP litigation experience; and music industry expert Zia Modabber, the managing partner entertainment and media litigation chair at the Los Angeles office, whose clients have included Stevie Wonder and Trent Reznor (also known his work as Nine Inch Nails). Also in LA, David Halberstadter and Joel Weiner (whose clients include Will Smith and Sony Pictures) bring expertise to copyright disputes in film and television. Tami Kameda Sims departed the practice for a role at Warner Bros. Discovery in June 2023.

Responsables de la pratique:

Deepro Mukerjee; Karen Artz Ash; Floyd Mandell; Zia Modabber


Autres avocats clés:

David Halberstadter; Joel Weiner


Principaux clients

Calvin Klein, Inc


David Nevins


John Logan


Katori Hall


Lenovo and Motorola Trademark Holdings


Live Nation


Merch Traffic, LLC


Overbrook Entertainment


Showtime Networks Inc.; Showtime Digital Inc.


Silva Artist Management, LLC


Sony Music Entertainment; Sony Pictures Entertainment


Starz Entertainment


ViacomCBS (now known as Paramount Global)


Principaux dossiers


  • Serveing as lead outside trademark counsel for Lenovo and Motorola, handling clearance, prosecution and enforcement matters for the two companies across the world.
  • Representating Calvin Klein Inc. and its affiliate, Calvin Klein Amsterdam/ PVH Amsterdam, in a years-long litigation in connection with its defense of multiple allegations of infringement asserted by Diesel, SA.
  • Successfully defeated a copyright infringement lawsuit on behalf of Live Nation Merchandise LLC, Merch Traffic LLC and Silva Artist Management LLC.

Manatt, Phelps & Phillips, LLP

The team at Manatt, Phelps & Phillips, LLP leverages the bench strength of its ten national offices to represent major music and entertainment industry clients involved in high-stakes litigation. The practice is headed by veteran entertainment litigator Robert Jacobs, a specialist in music industry matters. Jessica Wood brings expertise to prosecution, litigation, and transactional matters across such sectors as tech, software, digital media, and fashion. Nathaniel Bach, who handles complex matters involving royalties and the right of publicity, acts for a wide client base of film and television studios, music publishers, and journalists. All lawyers mentioned work in the firm’s Los Angeles office.

Responsables de la pratique:

Robert Jacobs


Autres avocats clés:

Jessica Wood: Nathaniel Bach


Principaux clients

Megan Roup / The Sculpt Society


The Hugh M. Hefner Foundation


EMI Entertainment World, Inc.


Downtown Music Group / DashGo


BMG Rights Management (US) LLC


Rodger Hodgson


Estate of Pop Smoke


Eurostar, Inc.


Ysk Entertainment, Inc.


Morgan, Lewis & Bockius LLP

Morgan, Lewis & Bockius LLP channels the bench strength of a global network spanning the Americas, EMEA, and Asia Pacific regions, to advise household names in such sectors as tech, media, and the automotive industry on the management and safeguarding of their international copyright portfolios. The practice’s comprehensive service covers matters ranging from counseling on fair use, licensing, and prosecution, to US Copyright Office registration procedures and infringement class actions. The practice is headed by two seasoned intellectual propertyu litigators: Anita Polott in Washington DC, and Josh Dalton in Boston. Meaghan Kent, who operates out of the DC and Miami offices, brings expertise to portfolio development, risk mitigation, and enforcement strategies. Displaying particular strength in the tech sector, Carla Oakley, who operates in San Francisco and Silicon Valley, counsels on matters involving social media and rights of publicity. Of counsel Lindsay Shin in San Francisco brings strength to software industry matters. In October 2023, Andrew Antczak, Victor Ghidu, and Kelly Plummer, were all promoted to partner.

Responsables de la pratique:

Anita Polott; Josh Dalton


Autres avocats clés:

Meaghan Kent; Carla Oakely; Lindsay Shin


Principaux clients

Airbnb, Inc.


Uber Technologies


Principaux dossiers


  • Defending Airbnb in a copyright infringement matter in the CDCA.
  • Assisting Uber with licensing and copyright issues.

O'Melveny & Myers LLP

Harnessing the bench strength of locations across the US, Europe and Asia, O'Melveny & Myers LLP represents such entertainment household names as Disney, Warner Bros. Entertainment, and Paramount Pictures, in high-stakes litigation. The team is headed in Los Angeles by experienced intellectgual property and tech litigator Ryan Yagura, along with Molly Lens (at the Century City office), who co-leads the firm’s entertainment, sports, and media industry group, and who specializes in motion picture industry copyright termination matters. In San Francisco, David Eberhart handles complex infringement claims for tech industry clients. At the Century City location, firm vice-chair Daniel Petrocelli brings entertainment litigation expertise, having recently (along with Drew Breuder) successfully defended Disney in a case related to an infringement claim regarding the film Zootopia.

Responsables de la pratique:

Ryan Yagura; Molly Lens


Autres avocats clés:

David Eberhart; Daniel Petrocelli; Drew Breuder


Principaux clients

Advanced Micro Devices, Inc. (AMD)


Global Music Rights, LLC


Marvel Characters, Inc.


Paramount Pictures Corporation


The Walt Disney Company


Artifex Software, Inc.


Warner Bros. Entertainment, Inc.


Principaux dossiers


  • Defeated an effort to recover from The Walt Disney Company, a portion of the profits from the film and merchandising of Zootopia.
  • Defended Disney against a copyright infringement claim over a song in Frozen 2, resulting in a settlement and dismissal.
  • Represents several entertainment companies — including Marvel Characters, Inc. — in cases involving the Copyright Act’s termination provisions.

Orrick, Herrington & Sutcliffe LLP

The copyright team at Orrick, Herrington & Sutcliffe LLP draws on the bench strength of its national footprint to represent major multinationals in tech, media, and telecoms involved in high-stakes litigation. Headed by IP group leader Clement Seth Roberts in San Francisco and IP business co-chair Alyssa Caridis in Los Angeles, the practice’s comprehensive offering covers preliminary injunctions and complex class action suits. In San Francisco, Annette Hurst provides experience in software disputes and challenges to the usage of generative AI for such clients as Microsoft. In Boston, seasoned litigator David Hosp acts for clients in tech and media. Robert Uriarte in Silicon Valley brings expertise to advising start-ups on security and internet law issues. Nathan Shaffer in San Francisco, who was a member of the trial team in Oracle v. Google, handles injunctions, and dispositive motion practice and damages determinations.

Responsables de la pratique:

Clem Roberts; Alyssa Caridis


Autres avocats clés:

Annette Hurst; David Hosp; Mark Puzella; Robert Uriarte; Nathan Shaffer


Principaux clients

Microsoft and GitHub


LinkedIn Corporation


Cox Communications


Maplebear Inc. d/b/a Instacart


Synopsys


Principaux dossiers


  • Representing Microsoft and GitHub in a class action against generative AI, challenging GitHub’s CoPilot.
  • Successful for LinkedIn in a year-long dispute with hiQ concerning unauthorized access to LinkedIn’s website and member data.
  • Represented plaintiff Synopsys in a copyright and trademark matter.

Proskauer Rose LLP

The US copyright practice at global firm Proskauer Rose LLP represents high-profile clients in music and entertainment involved in complex infringement litigation. The practice was recently involved in the obtainment of a settlement for Miramax in its high-profile copyright and breach of contract claim against director Quentin Tarantino concerning his intention to issue Pulp Fiction NFTs. The practice is led in Los Angeles by Sandra Crawshaw-Sparks, a music industry expert and seasoned litigator, who acts as National Legal Counsel for the National Academy of Recording Arts & Sciences, Inc. (the not-for-profit responsible for the Grammy Awards) and specializes in the negotiation of pre-litigation and pre-trial resolutions. In New York, David Munkittrick, who was promoted to partner in November 2023, acts for a wide base of clients across such sectors as music, medical devices, publishing, sports, and tech.

Responsables de la pratique:

Sandra Crawshaw-Sparks


Les références

‘Sandy Crawshaw-Sparks is the boss. Simply put, whether she handles the matter or staffs it as needed, clients get what’s needed. This is a tremendously powerful law firm and Sandy is able to harness same to benefit her clients. That’s all a client could ask.’

Principaux clients

Miramax


BMG Production Music, Inc.


Principaux dossiers


  • Represented Miramax in a lawsuit against director Quentin Tarantino, alleging intellectual property infringement and breach of contract related to Tarantino’s NFT concerning Pulp Fiction.
  • Advised BMG Production Music, Inc. in a California state court case filed by a plaintiff identified as “Jane Doe,” alleging claims of misappropriation and unauthorized use of voice recordings against BMG.

Winston & Strawn LLP

Utilising the bench strength of its global footprint, the team at Winston & Strawn LLP represents major corporates in telecoms (including Cox Communications), financial services, media, entertainment, construction, engineering, video game publishing, and medical devices involved in high-value infringement litigation. The practice is led by Michael Elkin in New York, who brings expertise to acting for entertainment and digital media companies; Jennifer Golinveaux in San Francisco, who, along with Elkin, defends internet service providers against secondary liability claims for infringement; and David Enzminger in Los Angeles, who specializes in technology litigation. Diana Leiden, also in LA, brings expertise to advising tech and media clients on the provisions of the Digital Millennium Copyright Act (DMCA). Sean Anderson in NY was promoted to partner in January 2024. Seth Spitzer and Erin Ranahan departed for in-house roles in April and June of 2023.

Responsables de la pratique:

Michael Elkin; Jennifer Golinveaux; David Enzminger


Autres avocats clés:

Diana Leiden; Sean Anderson


Les références

‘The Winston & Strawn team possesses a deep knowledge base and a team of professionals second to none. They have intimate knowledge of the entertainment industry and copyright practice specifically. Aggressive and strategic as appropriate. I would rely on them for anything.’

‘Diana Leiden stands out for her rare combination of zealous advocacy, practicality and congeniality.’

‘The IP practice group at Winston & Strawn is the best in the business. The firm’s practice group leaders are esteemed experts, with broadly multidisciplinary backgrounds. Consequently, the firm handles matters with a view towards achieving desired outcomes across a broad range of formal and informal channels. WS is a one-stop shop, regardless of the complexity of issues presented.’

Principaux clients

Bill Graham Archives


Krafton


Cox Communications


Principaux dossiers


  • Secured a Second Circuit win for Bill Graham Archives upholding a jury verdict that awarded only minimal damages to a group of music publishers seeking nearly $30m and affirming the denial of a permanent injunction.
  • Representing Krafton in a breach of contract lawsuit against NetEase, Inc. related to a settlement agreement that resolved the parties’ prior copyright and trade dress infringement lawsuit concerning several video games.
  • Representing Cox Communications, as co-counsel, appealing a 2019 jury verdict in a copyright infringement case brought by Sony.