Copyright Infringement Information & Evidence

Arts + Business + Copyright + Litigation + Media
July 16, 2018
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I have been so often asked to pursue copyright infringement over the last 10 years for a few reasons: legal expertise; industry expertise; active participation in media development; technical competence; and perhaps the primary driver of case volume, the naturalness with which modern browsers and operating systems facilitate copying and dissemination. These matters range the gamut, from prosecuting vicarious and contributory infringement against multi-jurisdictional co-op holding companies with hundreds of subsidiaries and many thousands of syndicated publications, to defending individuals for fair use, and everything in between. I have recently had occasion to strategically address jurisdiction/venue questions in novel test cases that would be applied across a stock of pattern actions.

In the course of counseling clients on the process and posturing them for success, I have developed a go-to list of evidentiary information I seek at the outset of a matter — lawyers live and die by information, and it stands to reason in litigation that, generally, more is better. Find below the core enumeration I rely on to get a matter rolling in the right direction.

There is more — there always is — because each matter is particular, taken case-by-case, and each will have its own character, with its own recesses, compartments, notches, and nicks. But this is a core sampling that tends to cut across cases. The information is quite obviously essential (ultimate relevance and admissibility aside), but while lawyers are most definitely information architects, it is the judicious legal analysis we bring to bear that sets our professional contribution apart.

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Media + Arts + Tech

Attributes

I am native to media, arts and tech – as a former touring musician, as one who can and does code, and as a maker fluent in design and multimedia content development (audio, video, photo, graphic, analog, textual). This overlap of niche and background allows me to efficiently and peerlessly integrate legal and creative for clients working in expressive spaces.

Corporate

They are called organizations for good reason. Getting and staying documented, well-papered, compliant, and aligned with pragmatic protocols is prime among best practices. General counsel and correct governance are as important to closely-held companies as they are to those seeking or deploying external funding. There are few investments more sound than a solid foundation.

Contracting

Optimizing a deal requires focussed and technical drafting. What multiple collaborators have in mind when they begin does not automatically manifest when a concept is translated into the physical world. Get ahead of junctures, pivots and transitions. Reflecting on the page what is intended at heart is the ultimate efficiency.

Copyright

There are few disciplines as relevant and fluid as copyright. The media space has enjoyed rapid development over recent decades. Law is not always so quick to follow. Navigating ownership of content is a primary concern for creative enterprises.

Trademark

Impact and impression are salable and demand attention, from protecting to capitalizing. Define your brand, put on a search, definitively document, and enforce with intent – or share, collaborate and cross-pollinate.

Trade Secrets

Assets come in variegated forms – not always capitally quantifiable or neatly captured by intellectual property regimes. But proprietary information can be of principal, or even singular value. Safeguard, manage and leverage such resources prudently and productively.

Licensing

One of the most important tools in the kit of creative profit is the flexibility and extensibility that adept licensing affords. Do it well – do it right.

Regulatory

Interfacing with public agencies is a vastly different experience than cutting deals in the private sector. Conventions, ethics, regulations, policy, and sinuous procedure need not block your path forward. Additionally, the First Amendment was written for you – stand on it.

Litigation

There will almost certainly come a time when dispute crops up and grows entrenched, or rights and obligations are transgressed or ignored. Less talk, more action – bring deft advocacy and mastery of process into play.

Strategic

Creation is nothing if uninspired. Your vocation is to deploy vision and bridge the gap between what is known and unknown, what is possible and impossible. Apply the very same foresight to your company and your career. Chance favors the prepared mind.