Copyright Prosecution & Counseling

Overview

We protect our clients’ creative works around the world. AGG has registered many types of subject matter under the U.S. Copyright Act, including works relating to the technology and software industries, print, publishing, architecture, television, radio, newspaper, e-commerce, music publishing and sound recordings, and the internet.

Whether the work is literary, musical, multimedia, or software, we are up to the challenge. In addition to copyright in traditional works, our attorneys are familiar with the complex issues presented by new forms of technology.

We also regularly counsel clients on rights on clearance issues, copyright licensing, and setting up in-house copyright filing programs. When others infringe on our clients’ copyrights or our clients are accused of infringement, we provide aggressive yet practical representation.

We provide copyright monitoring and enforcement actions relating to the internet, specifically via various social media platforms (Facebook, YouTube, Pinterest, Twitter, etc.). This involves both sending and responding to DMCA takedown notices, demand letters, and complaints via the tools set up by the various platforms.

In addition, we take pride in defending the public domain. Our attorneys will provide fair use opinions to our clients and will back up those opinions if litigation ensues. When representing defendants, we have asserted numerous copyright misuse claims and have had successful outcomes by pointing out that the allegedly infringed works at issue were not original to their owners.

Our attorneys support corporate due diligence efforts for companies owning copyright-protected works.

We have been a member of, and our attorneys have held leadership positions in, the Copyright Society of the U.S. for well over a decade.

Experience

  • Through litigation, successfully “reacquired” a Southern Rock songwriter’s copyrights in his compositions.

  • Serving as general copyright, intellectual property, licensing and contract counsel to a multi-Grammy Award-winning independent record label.

  • Performed copyright clearance work for nationwide quick-service restaurant chain, for use of musical works at seminars, in marketing and advertising materials, in training materials, and in special events. The clearance work included, but was not limited to, negotiation of license agreements with major public performance organizations, as well as drafting and negotiation of licenses for specific works with rights owners.

  • Successfully defended a record label against claims of infringement relating to a “rap” recording.

  • Counseled client in the television industry regarding trademarks, copyrights, and brand protection.

  • Acted as intellectual property counsel to the host of an AM radio show.  The representation included drafting and review of a radio talent and studio use agreement, providing intellectual property advice on the development of content for the radio show, prosecution of trademark and copyright applications covering content created for the show, and drafting model and photograph releases for use with third parties appearing on the radio show.

  • Successfully represented a major software provider as plaintiff in a case involving trademark infringement and software piracy. Judgments obtained against defendants.

  • The first lawyer to bring an action under the Copyright Act and the Georgia Uniform Trade Secrets Act for computer software misappropriation, copyright infringement and related claims. Judgment obtained against all defendants, including chief executive of corporate defendant.

  • Supported the representation of Element K Corporation in an asset purchase valued at more than $110M. Acted as intellectual property counsel for the deal, which involved conducting due diligence on more than 1,400 copyright registrations owned by the client, and  clearing title in and to these registrations in preparation for assignment to the new owner as part of the transaction.

  • Represented Atlanta-based puppet theatre, Center for Puppetry Arts, in clearing rights in and to copyright-protected musical works for use in various original puppet shows created by and performed at the theatre.

  • Obtained favorable settlement for a consumer products company in its trademark and copyright infringement lawsuit against an international counterfeiter. Conducted an ex parte seizure of counterfeit goods stored at a warehouse with the assistance of U.S. Marshals.

Client Successes

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