Copyright
The attorneys at Garlin Driscoll Howard include a team of highly skilled copyright lawyers led by Thomas P. Howard, Esq. that regularly take on complex copyright litigation on the behalf of clients, at hourly rates lower than those typically charged in this field of law. In addition, our attorneys provide copyright licensing services, as well as copyright registration services for a flat fee, plus postage and filing fees. Each of these services is set forth in more detail in the sections set forth below:
Copyright Litigation
Attorneys at Garlin Driscoll Howard have won or settled multiple substantive copyright cases on the behalf of their clients. They frequently litigate claims of direct copyright infringement, inducement to infringe and contributory infringement, among others, and represent both plaintiffs and defendants. The copyright lawyers at Garlin Driscoll Howard can and do handle copyright cases pertaining to all original works of authorship falling within the scope of the Copyright Act. Those types of works include:
- literary works (which include source code);
- musical works, including any accompanying words;
- dramatic works, including any accompanying music;
- pantomimes and choreographic works;
- pictorial, graphic, and sculptural works;
- motion pictures and other audiovisual works;
- sound recordings; and
- architectural works.
The attorneys at this firm have a broad and ever-increasing litigation background in the field of copyright law. Several examples of recent copyright cases handled by this firm are as follows:
Attorney Howard recently successfully defended a software manufacturer and distributor in the United States Federal Court for the District of Colorado in Huntsman v. Soderbergh, an action involving multiple claims filed by nine major studios and 15 directors pursuant to the Copyright Act and the Trademark Act. The Directors/Studios attempted to bar Mr. Howard’s client’s marketing of software that allows consumers to preprogram a DVD player to skip and/or mute specified sections of a film while it plays the work. The Directors/Studios argued that this constituted infringement. This lawsuit led to testimony before Congress and the subsequent Congressional modification of the Copyright Act and the Trademark Act. All claims were subsequently dismissed.
Attorney Howard recently filed a lawsuit on the behalf of an international filmmaker, in the United States Federal Court for the District of Colorado, in a copyright infringement suit involving copyrighted works infringed through unlicensed distribution and sale over the Internet. The matter resulted in settlement subsequent to discovery.
Attorney Howard and copyright attorney Wendi Tempkin recently represented a Colorado artist in a multiparty copyright infringement suit involving the unauthorized use, sale and distribution of his artistic works over the Internet. The matter resulted in settlement subsequent to discovery.
Attorney Howard recently represented a Colorado software developer, in the United States District Court for the District of Northern California, in a copyright infringement action. Mr. Howard filed a detailed motion for preliminary injunction which incorporated a detailed comparative expert analysis of the infringing source code. The case settled three days before the hearing on the preliminary injunction.
Attorney Howard has represented the American Society of Composers, Artists and Producers (ASCAP), in the United States District Court for the District of Colorado, in multiple copyright infringement matters. Each matter has been brought to a successful settlement on behalf of this client.
Attorney Howard recently represented a large national sign company in a copyright infringement lawsuit filed in federal court pertaining to the usage of its copyrighted signage without license or permission. The case was settled pursuant to a settlement agreement under which Defendants paid copyright infringement damages for the purpose of settlement and explicitly admitted that they had unlawfully and wrongfully used, without permission or license, Plaintiff's Copyrighted Work.
The attorneys at Garlin Driscoll Howard would be happy to conduct an initial interview to discuss the facts of your lawsuit or potential lawsuit for no initial consultation fee. Call today to schedule an appointment: 303-926-4222.
Copyright Registration
The law firm of Garlin Driscoll Howard provides copyright registration services with the United States Copyright Office for a flat fee of $300, plus the Copyright Office’s fee of $45 and mailing costs. For that amount Garlin Driscoll Howard’s copyright attorneys provide pre-filing consultation with the client, advise what copyrighted works should be submitted, and in what format, prepare the copyright application, and file the application with the United States Copyright Office. Further, Garlin Driscoll Howard provides follow-up services, on the behalf of its copyright clients, with the Copyright Office in order to further advise clients as to the ongoing status of each copyright filing.
Call today to begin your copyright registration: 303-926-4222.
Copyright Licensing
The copyright lawyers at Garlin Driscoll Howard regularly draft and negotiate intellectual-property agreements involving the licensing, assignment and protection of their clients’ patents, trademarks and copyrights. Our intellectual-property lawyers have negotiated copyright licenses and related documentation on the behalf of multiple large and small corporate entities within the United States. Such copyright agreements often include:
- Copyright license agreements which grant a third-party the exclusive or non-exclusive right to use, distribute, sell, manufacture, copy, or create the copyrights of another party;
- Copyright assignment agreements which assign a third-party any or all of the multiple rights owned by a copyright holder;
- Copyright-related cross-licensing agreements;
- Confidentiality agreements and protective orders;
- Any of the multiple other intellectual property-related licensing and transfer-related agreements that may be required as a result of the type of business transactions that frequently arise in today’s economy.
Our attorneys are practiced in the negotiation of copyright agreements, and, if requested, will play a first party role in such negotiations. For further information, or to discuss your specific needs, please call 303-926-4222.
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