Copyright

At Phillips, Erlewine, Given & Carlin, we pride ourselves on providing comprehensive and tailored legal services to protect our clients’ creative works and intellectual property rights. From registration to litigation, our attorneys have combined over a century of experience in copyright law. We stand ready to assist our clients in navigating the complex legal landscape designed to protect, promote, and compensate artists for their creative work.

What is copyright?

Copyright is a legal right granted to the creator of an original work, be it literature, music, sports logo, visual art, software, or any other type of creative work.

Among other rights, Copyright provides the creator of the work (or subsequent rights holder) with exclusive rights to reproduce, distribute, display, perform, create derivative works from, and derive income from their creation.

Why register my work with the U.S. Copyright Office?

While some Copyright protection is available by virtue of creating the original work (and being able to prove it)—in Copyright parlance, fixing a work in a tangible medium—registering a work with the United States Copyright Office provides additional protections, such as the ability to sue in federal court for copyright infringement with the possibility of being awarded attorney’s fees and statutory damages should the copyright holder prevail. Thus, Copyright registration is important for artists, authors, musicians, software developers, and other creative individuals or entities who want to safeguard their creations from unauthorized use.

Our Legal Services

Copyright Litigation

When push comes to shove and our clients need to prosecute or defend a copyright infringement claim because someone else is infringing upon their creative works, or claiming that their creative works infringes on another’s, we stand ready with the experience and expertise to guide our clients through the court system to the best possible outcome for them and their artistic works. Our attorneys have a wealth of experience litigating copyright infringement matters on behalf of entertainment industry clients in the music business in particular, but also on behalf of photographers, fine visual artists, writers, and other creators.

Copyright Termination and Renegotiation

As part of the 1976 overhaul of copyright law in the United States, Congress gave authors and their heirs statutory rights to terminate grants of their copyright interests. Congress recognized the need to protect authors and their heirs because of the unequal bargaining position of authors, resulting from the impossibility of determining a work’s prior value before it has been exploited.

While that termination right takes some time to accrue, generally anywhere from 35 to 56 years depending on the timing of the grant, it can be a powerful tool for authors and their heirs to take back the rights they may have granted institutional actors at the time they first created the work. Our firm has helped numerous artists and their heirs exercise their copyright termination rights, resulting in millions of dollars in additional royalties to the rights holders. Our experienced copyright termination attorneys get back our clients’ copyrights and negotiate fair compensation for them and their family’s creative works.

Licensing Agreements

Sometimes the best way to monetize a creative work is to license it for use in other creative or commercial endeavors. Our team can help negotiate favorable licensing terms, ensuring artists are compensated appropriately for the use of their work. Whether a client wants to grant permission for others to use their copyrighted works or secure licenses for utilizing third-party copyrighted materials, we provide strategic advice and draft comprehensive licensing agreements tailored to each client’s specific needs.

Copyright Assignment or Catalogue Sales

Copyrights, like other property interests, are generally transferable. Today, it is more and more common for legacy artists to sell all or part of their catalogues in exchange for life-changing payments from record companies or other institutional investors. Our attorneys have substantial experience in these types of multi-million-dollar transactions, as well as smaller deals involving one or more valuable songs or works of art. If you are looking to sell copyright ownership to your creative works in part or in full, our attorneys can assist in negotiating and crafting legally binding copyright assignment agreements that protect your interests.

Digital Copyright Issues

While digital technology has helped artists create new and exciting works, it has also made it easier than ever to exploit or copy those works. Our legal team is well-versed in digital copyright issues and can assist with DMCA takedown notices, copyright infringement claims, and the protection of digital assets. We will work diligently to safeguard our clients’ intellectual property online and take necessary actions to enforce their rights when infringement occurs, whether that infringement is performed by a human being, artificial intelligence, or some hybrid of both.

Why Choose Us?

At Phillips, Erlewine, Given & Carlin, we understand the importance of protecting our clients’ intellectual property. We have been protecting our clients’ creative works with the shield of copyright registration and the sword of copyright litigation for decades. We have the knowledge and temperament to serve as your trusted partner and guide in safeguarding your rights. Here’s why our law firm stands out in the field:

1. Longstanding Experience

Our team of intellectual property attorneys possess a deep understanding of copyright law. With years of experience in copyright litigation, termination, negotiation, and registration, we have successfully handled numerous cases, helping clients in the entertainment industry and elsewhere protect their creative works. In addition to practical experience, our attorneys have taught copyright law, published articles in the field, and speak at conferences on the subject. Our extensive knowledge allows us to provide tailored strategies and proactive legal advice to suit our clients’ specific copyright needs.

2. Client-Centric Approach

We build strong, long-lasting relationships with our clients. We believe in open communication and close collaboration with our copyright clients. We understand our role as legal advisors and take our responsibility to give our clients the best possible legal advice seriously. Our attorneys take the time to listen to our clients, offering personalized legal solutions that further their long and short-term goals. We are as dedicated to our clients as our clients are dedicated to their work and will do all we can to protect them.

3. Full Service Support

From registration to termination and from negotiation to litigation and every step in between, we have our clients covered. Whether you are a musician, artist, author, performer, software developer, or any other creative professional or rights holder, our attorneys can guide you through the intricacies of copyright law and provide you the advice and protection you deserve. With our all-encompassing approach, we ensure that creatives and their creative works receive the highest level of legal safeguarding.

4. Effective Advocacy

Copyright disputes just like any other legal dispute, require diligence, attention to detail, and zealous advocacy. We meticulously analyze the applicable facts and law of every case, strategizing the most effective approach to protect our clients’ copyright interests. Our goal is to achieve the best possible outcome for our clients, whether through negotiation, alternative dispute resolution, or litigation.

5. Up-to-Date Knowledge

Copyright law is constantly evolving. Our team is dedicated to staying abreast of all developments—whether it be changes in legal precedent, statutory law, or changes in how creative works are made (see Part I and Part II of firm partner Brian Conlon’s analysis on AI and the Supreme Court Decision in Warhol Foundation v. Goldsmith) —ensuring that we are always at the forefront of industry trends and emerging issues.

Contact us to discuss how we can assist you in protecting your creations.

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