Intellectual Property

We structure and negotiate copyright licenses and related agreements for books, film and television, music, advertising, software, games, and digital products, including complex, multi‑party and cross‑border arrangements.

We represent music companies, publishers, songwriters, recording artists, and digital services on copyright ownership, splits, sampling, synchronization, mechanical and performance licensing, catalog administration, and compliance with evolving music industry practices and regulations.

We handle copyright registrations for a wide range of works, including complex and multi‑layered works, compilations, derivative works, and software, advising on classification, deposit requirements, authorship, ownership, and strategies to maximize enforcement value.

We advise on permissions, chain of title, and clearance strategies for third‑party materials, and provide practical fair use and implied license analyses in publishing, marketing, and platform contexts.

We counsel authors, artists, estates, and rights‑holders on termination of copyright transfers and recapture of rights, including advance planning, notice and timing requirements, disputes over scope and authorship, and strategies to maximize long‑term catalog value.

We advise technology companies and platforms on copyright issues relating to software, digital tools, games, APIs, and online services, including licensing models, scope‑of‑use restrictions, embedded and enterprise deployments, font software licensing, and copyright risk in internet‑based products. Our counseling also includes DMCA compliance, intermediary liability, and strategies for managing user‑generated content and platform enforcement.

We counsel clients on copyright and fair use issues arising from AI training, content ingestion, dataset creation, and model outputs, as well as downstream commercial use of AI‑assisted content.

We advise on prepublication and prerelease review for books, articles, podcasts, advertising, television, film, and digital media, balancing legal risk with creative and commercial goals.

We prosecute and defend infringement actions involving books and publishing, film and television, music, advertising and branded content, visual art and photography, software, games, and digital media, including disputes arising from online distribution, internet platforms, and AI‑assisted uses of copyrighted works.

We litigate fair use, substantial similarity, access, and related doctrines in cases involving fiction and nonfiction works, commentary and criticism, search and indexing, data‑driven and internet‑based services, and other modern uses, including claims tied to artificial intelligence and web scraping.

We represent songwriters, recording artists, estates, industry participants, and licensees in disputes involving ownership, sampling, synchronization, mechanical and performance rights, statutory and compulsory licensing, royalty accounting, and enforcement of termination and recapture rights, including disputes arising from digital and platform‑based exploitation.

We litigate conflicts over authorship, work‑made‑for‑hire status, joint works, derivative works, compilations, chain of title, and license scope, often in cases involving complex entertainment and digital products.

We handle disputes arising from termination of copyright transfers, including challenges to notice and timing, work‑made‑for‑hire defenses, post‑termination exploitation, and competing claims to recaptured rights in both traditional and digital markets.

We litigate copyright cases involving software, digital tools, games, APIs, and online services, including matters implicating DMCA compliance, intermediary liability, notice‑and‑takedown practices, repeat infringer policies, user‑generated content, and disputes involving AI‑enabled platforms and internet‑scale services.

We pursue and defend copyright claims with a practical focus on leverage, cost, and outcome, recognizing that IP litigation can be expensive and disruptive. Our approach is aggressive where necessary, but disciplined and strategic, designed to protect and enforce intellectual property while resolving disputes as efficiently as possible and in a manner aligned with the client’s broader business objectives.

We help clients monetize their trademark assets through licensing, merchandising, collaborations, branded entertainment and tie‑ins, among other opportunities. At the same time, we advise on the careful management of trademark rights to avoid compromising their validity in licensing arrangements or acquisitions. When trademarks change hands, we guide clients through the varying requirements of IP offices throughout the world to ensure that their rights are properly recorded and fully protected.

We structure and negotiate copyright licenses and related agreements for books, film and television, music, advertising, software, games, and digital products, including complex, multi‑party and cross‑border arrangements.

We represent music companies, publishers, songwriters, recording artists, and digital services on copyright ownership, splits, sampling, synchronization, mechanical and performance licensing, catalog administration, and compliance with evolving music industry practices and regulations.

We advise technology companies and platforms on copyright issues relating to software, digital tools, games, APIs, and online services, including licensing models, scope‑of‑use restrictions, embedded and enterprise deployments, font software licensing, and copyright risk in internet‑based products. Our counseling also includes DMCA compliance, intermediary liability, and strategies for managing user‑generated content and platform enforcement.

We work with clients and brands to create licenses to use celebrity names, images, and likenesses on merchandise and marketing materials.

Publicity rights are governed by a complex patchwork of state laws, many of which differ from one another in substantive ways. We provide deep-bench experience in the cornerstone jurisdictions of New York and California, while navigating the diverse common law and statutory frameworks of other states. We specialize in complex choice-of-law analyses to determine which protections may apply to multi-state and digital campaigns.

As technology outpaces traditional law, we guide clients through the “new” provisions that are being added to or included in Right of Publicity protections. These include:

• Digital Recreations:Rights surrounding AI-generated avatars and voice clones.
• Deepfakes & Revenge Porn:Utilizing new statutory protections to combat unauthorized digital manipulations.
• Synthetic Media:Drafting contracts that address the creation and ownership of digital replicas.

We have addressed many issues involving the estates of deceased celebrities and of other individuals who which to preserve and exploit their legacies. Our team is well-versed in the latest legislative updates, including the recent New York post-mortem statute.  We also address the risks involved when entities incorporate deceased people into adverting.

We act as the bridge between talent and commerce. Our attorneys represent brands, advertising agencies, entertainers, creators and other celebrities in drafting and negotiating licenses for:

• Global marketing campaigns and endorsements.
• Merchandising and brand integrations.
• Modeling and influencer agreements.

When rights are infringed or claims are asserted, we offer a formidable defense and enforcement practice. We have been involved in many of the leading Right of Publicity cases in the United States. Our expertise includes:

• Enforcement:Pursuing unauthorized commercial misappropriation.
• First Amendment Defense:Analyzing whether a use is protected “non-commercial” expression or actionable commercial speech.
• Fair Use & Transformative Use:Navigating the nuances of artistic and news-related exceptions.

Personality rights vary significantly across international borders. We coordinate with local law experts worldwide to guide our clients through the “tricky arena” of international personality rights and analogous privacy laws, ensuring global campaigns are compliant.

We assess the availability of trademarks, designs, slogans, and packaging. Clients value our ability to develop clearance strategies that are efficient, cost-effective, and tailored to their business goals. Our experience allows us to provide clear, practical advice based on thoughtful risk assessment, including a careful distinction between marketplace infringement risk and potential registration obstacles.

We work with clients to develop strategic, budget-conscious plans to protect and maximize the value of their trademarks worldwide. Our filing strategies are tailored to each client’s business objectives, helping determine where and when trademark protection makes the most sense. To help our clients secure registration of their trademarks in the United States and abroad, we submit sophisticated, well-researched arguments to overcome refusals and take action against blocking third party filings, when appropriate.

Through our sophisticated docketing and portfolio-management system, we track all application and registration deadlines and provide clear, customizable reports that give clients a comprehensive view of their trademark assets and related deadlines—designed to deliver the information most relevant to their business needs.

We help clients protect and enforce their trademark rights, whether challenging infringement or defending third party claims. No matter the situation, we carefully assess the best strategy to achieve a successful outcome, guiding our clients through complex disputes with a focus on efficient, favorable resolution.

Securing a temporary restraining order and preliminary injunction for an international sports organization, protecting it against unlicensed and potentially damaging use of its trademarks during a critical period.

Defending a health services organization against trade dress, trademark and false advertising claims, including securing an early dismissal with prejudice of the false advertising claim and a dismissal without prejudice of the trade dress infringement claim that forced plaintiff to articulate a significantly narrower trade dress.

Obtaining early and favorable settlements in federal court, at the TTAB, and abroad for a sports league accused of adopting infringing trademarks.

Enforcing a travel company’s rights at the TTAB and earning a judgment that its house mark is famous.

Crafting and implementing an international registration strategy that allowed our client to assert prior rights in multiple jurisdictions, ultimately forcing an early and multi‑jurisdictional settlement that permitted continued use of its mark.

Forcing early dismissal of a motion seeking a declaratory judgment of non‑infringement for a well‑known New Jersey retail store and dairy farm

Negotiating a favorable settlement for a production company that prohibited further use of its trademarks.

Defending a retail platform against claims by dozens of models for trademark infringement and infringement of their name, image, and likeness, earning early opinions from the court that forced a favorable settlement.

Leveraging our client’s international trademark rights to force a positive conclusion to a multi‑jurisdictional dispute.

Litigating claims in federal and state court to force a former licensee to cease continued and bad‑faith use of a fashion designer’s name and trademarks.