Copyrights

Overview

At Bricker Graydon Wyatt, we help clients fully leverage, protect, and monetize original works, from software and digital content to multimedia, published works, industrial design, and beyond. Our team advises on copyrightability and fair use, registers work in the U.S. and abroad, negotiates licenses, enforces rights, and defends against infringement claims. When disputes arise, our seasoned litigators handle cases in federal trial and appellate courts and before the Copyright Claims Board.

Understanding copyright is essential to capitalize on creative assets while minimizing risk. We develop practical, business‑aligned strategies tailored to your goals and creative vision, especially as copyright law intersects with emerging technologies like AI‑generated content, NFTs, and the metaverse.

Services Include:

Registration– handling copyright registration for all types of creative works, including software, website content, videos, music, literary works, visual art, advertising materials, and more. Our attorneys are experts in completing registrations that fully protect clients' rights.
Licensing– negotiating and drafting licensing agreements allowing clients to monetize their copyrights through content distribution, merchandise production, commercial use rights, and other arrangements.
Enforcement– when infringement occurs, we take action by sending DMCA takedown notices, drafting cease and desist letters, and filing federal lawsuits, or Copyright Claims Board claims on behalf of clients to protect their copyright interests and recover damages.
Litigation– our experienced copyright litigation team handles all phases of copyright lawsuits, including pre-trial motions, discovery, gathering evidence, deposing witnesses, jury selection, and trial.
Due Diligence – conducting copyright due diligence for mergers, acquisitions, and investments to identify any risks, liabilities, or value associated with copyright assets involved in transactions.
Digital Millennium Copyright Act (DMCA): We help clients develop DMCA‑compliant terms and safe‑harbor policies, we help them register their DMCA Designated Agent, and we rapidly help clients enforce their rights through takedowns of infringing content across websites and social platforms.
Copyright Recapture – we assist clients with the recapture of previously granted rights under Sections 203 and 304 of US copyright law.
Literary Executor – we can serve as literary or art executor for estates that include significant literary or art assets.
Policy Development – implementing internal copyright policies and procedures for consistent protection, use, and licensing of copyrighted materials produced by the organization. For public sector organizations, schools, colleges, and universities, we advise on copyright issues around curricula, digital learning platforms, library resources, performing arts, and other areas, including on the limits of fair use, public domain works, open access policies, copyright ownership of student and faculty works, TEACH Act compliance, and minimizing infringement risks.
Copyright Trolls – we advise clients targeted by high volume claims agents and reject meritless or inadequately supported claims.