Copyright Law

Smith, Gambrell & Russell, LLP provides the full spectrum of intellectual property services to its clients, including in the fields of trademark and patent prosecution, trade dress protection, copyright, and rights of publicity counseling, licensing and litigation.

SGR has robust capabilities in copyright law, and in the related art law, publishing and entertainment fields.   Copyright is the right to control the display, reproduction, performance, publication, modification, adaptation, distribution, creation of derivative works, and initial sale of a creative work.  Copyright protects works of authorship, such as books, letters, photographs, films, audio recordings, designs, artwork, web sites, computer code, magazines, catalogs, graphics and other creative works.  Copyright assets are often key to a client’s business and its success, whether the client is a major enterprise built on a technology platform or the author of a book.

Representative SGR clients for whom the firm provides copyright-related legal services include technology developers, licensors and platforms; publishers, authors, painters, musicians, filmmakers, cartoonists; distributors and manufacturers of creative material; franchisors and marketing agencies.

SGR copyright -related services include:

  • Conducting IP audits;
  • Conducting clearance reviews to check scope of permissions and licenses obtained for use of third party copyright assets in creative works, web sites, and marketing materials;
  • Drafting and negotiating licenses for use of copyright protected material;
  • Providing DMCA compliance guidance;
  • Representing clients in copyright infringement claims – both as plaintiffs and defendants;
  • Registering client copyright assets with the US Copyright Office;
  • Addressing copyright issues in relevant agreements, such as employment and consulting agreements, commissioning agreements, software development agreements, publishing agreements, donor agreements, and merger and acquisition agreements;
  • Negotiating and filing copyright security agreements;
  • Advising estates in connection with identifying copyright protected assets and effectuating termination rights; and
  • Advising in connection with moral rights, museum collections, acquisitions and reproductions, and public art.