Copyright

Your creative work and original content are valuable business assets. We help you protect them.

Copyright protection covers a wide range of original works, from software code and marketing materials to architectural designs, photographs, and proprietary training content. For most businesses, copyright assets are often hiding in plain sight, undocumented, unregistered, and vulnerable until something goes wrong.

The Ward and Smith copyright team works proactively with clients to identify, register, and manage their copyright portfolios before disputes arise and, when they do, to pursue or defend claims with the full resources of a firm that handles intellectual property at every level. Our attorneys understand both the transactional side of copyright and the realities of litigation, and clients benefit from a team that can see both horizons at once.

Our transactional copyright services include:

• Copyright registration with the U.S. Copyright Office
• Clearance counseling and pre-publication risk assessments
• Acquisition due diligence involving copyrighted works
• Drafting and negotiating development agreements, licensing arrangements, and assignments
• Copyright protection and enforcement programs, including U.S. Customs Service recordation
• Digital Millennium Copyright Act (DMCA) compliance and takedown procedures
• Counsel on work-for-hire structures and employee versus contractor ownership questions

Our copyright litigation services include:

• Assertion and defense of copyright infringement claims in federal court
• DMCA claims and defenses, including safe harbor analysis
• Emergency relief, including temporary restraining orders and preliminary injunctions
• Licensing disputes and breach of agreement claims
• Coordination of multistate and international enforcement actions

Whether you are a software company seeking to protect proprietary code, a creative agency managing client content rights, or a business that has discovered unauthorized use of your work, our team provides practical counsel tailored to the stakes involved.