Copyright

Recently, Banner & Witcoff lawyers have litigated, both at trial and on appeal, leading copyright cases involving cutting-edge applications of the Digital Millennium Copyright Act, enforcement of shrink wrap license restrictions against reverse engineering, the tests of determining the copyrightability of computer programs, and the rights of authors as against electronic reproduction on the Internet. Recent, important cases include Lexmark International v. Static Control Components, Bowers v. Baystate, and Tasini v. The New York Times.

Since the 1920’s, Banner & Witcoff lawyers have assisted important organizations with their copyright issues and problems. Situations currently being addressed include those as to a New York Times #1 best selling series of fiction. The copyright services of the firm’s lawyers include enforcing rights through negotiation, arbitration and litigation, establishing programs for large quantities of registrations of copyrights, drafting license agreements for authors and publishers, counseling, and opinions regarding everything from copyright of software, architectural works, three dimensional works of art, recipes and printed works. Firm lawyers successfully represented the copyright holder in the leading, older Supreme Court case of Mazer v. Stein.

The firm has also successfully implemented nationwide enforcement programs to stop importation of “knock-offs” of copyrighted goods. The firm has provided clearance opinions to web site operators for copyrighted material including literary and artistic works; investigated and provided opinions regarding metatag infringement; and negotiated copyright licenses for on-line electronic media.