Intellectual Property > Copyright Litigation and Counseling

Unique creative output can make the difference between ordinary and extraordinary business performance. Copyright is one way in which the law protects original computer programs, websites, databases, artwork, photography, architecture, music, movies, text-based works and choreography. Akin Gump Strauss Hauer & Feld LLP’s copyright attorneys handle all copyright-related matters ranging from litigation in federal court to registration, first sale and work-for-hire issues.

Enforcing Copyright Through Litigation

The possibility of statutory damages and attorneys’ fees as remedies for infringement of a U.S. registered copyright underscores the significant economic value of copyrights to their owners. The need to protect these valuable assets has taken on even greater importance in light of the ease of global electronic communication and an increase in popular efforts to redefine proprietary rights in creative output. Akin Gump has an experienced litigation practice for the enforcement of copyright rights in both traditional and electronic environments. Our copyright litigators represent both plaintiffs and defendants in litigation in district courts and courts of appeal throughout the country. Akin Gump’s copyright litigators use not only the federal courts but all possible resources—including U.S. Immigration and Customs Enforcement and the International Trade Commission to battle infringement and counterfeiting, and “notice and take down” procedures under the Digital Millennium Copyright Act—to develop holistic strategies to attain our client’s objectives. Additionally, Akin Gump’s international presence allows for efficient and effective copyright enforcement and anticounterfeiting strategies that can be executed at the source of the infringement

Copyright Counseling and Protection

Akin Gump’s copyright counseling practice is based on the principle that copyrights should be value creators in our clients’ business. With the advent of digital media, it became even more important that clients have clear, practical guidance to protect and leverage their copyrighted works as well as practical policies and procedures regarding responsibilities to other copyright owners. Akin Gump has counseled major retailers, software companies, publishers, archivists, entertainment companies, nonprofit organizations and educational institutions, to name a few, on protecting copyrights, exercising fair use rights and avoiding liability for user-generated electronic content. The value principle forms the basis of Akin Gump’s approach to copyright counseling on issues such as copyrightability, fair use, ownership, copyright collateral pledges, licensing, corporate copyright policy, copyrights in corporate transactions, and advertising and media issues. Akin Gump’s copyright litigation experience provides an additional perspective that is essential to practical, value-driven advice concerning fair use, copyrightability and different measures of substantial similarity, among other topics. For copyright issues outside of the United States, our firm’s depth of experience and international reach allow Akin Gump to provide copyright clients extraordinary global service.