Copyright issues are litigated in Los Angeles more frequently than perhaps anywhere in the world, and Greenberg Glusker practices in the backyard of what many have dubbed the “Hollywood Circuit.”

Our litigators handle disputes relating to virtually all aspects of copyright law, including ownership transfers, license termination, copyright preemption, fair use, music sampling and internet piracy. We have particular experience with the Copyright Act’s statutory termination provisions and have successfully defended the owners of numerous entertainment properties against claims by authors’ heirs to recapture copyrights under these statutes.

But Greenberg Glusker’s copyright expertise extends far beyond litigation.  From negotiating assignments and licenses, to counseling our clients on the best course of action before disputes arise, our lawyers skillfully represent authors, artists, producers, musicians, screenwriters, publishers, software developers and apparel designers on a full range of copyright issues.

Representative Experience

• Represent Toho Co., Ltd., owner of the intellectual property rights in “Godzilla,” in numerous matters involving copyright infringement.  Among the many issues involved in these cases are the unauthorized use of the Godzilla character in motion pictures and television commercials, the “sampling” of Godzilla theme music in sound recordings, and the infringement of Toho’s characters in connection with various internet ventures.  All of these cases were resolved with the defendants ceasing their infringing conduct.
•  Obtained summary judgment for Costco Wholesale Corporation against Omega S.A. in a case involving the Copyright Act’s “first sale” doctrine, establishing Costco’s right to sell Omega watches in its warehouse stores.
• Defended and advised owners of such entertainment properties as “Lassie,” “Casper the Friendly Ghost,” “Winnie the Pooh” and “Charlotte’s Web” in connection with attempts by authors’ heirs to recapture copyrights in these properties under the Copyright Act’s statutory termination provisions.
• Represented DreamWorks SKG against Barbara Chase-Riboud, who claimed that DreamWorks had lifted numerous themes and portions of her book “Echo of Lions” for the motion picture “Amistad.”  The court rejected plaintiff’s request for an injunction to keep the film from opening and plaintiff eventually dropped the case.
• Advise numerous clients involved in film, television and video game production on “fair use” and other copyright clearance issues.
• Successfully represented Universal Pictures in a case brought by a photographer who claimed to own the copyright in key art for a major motion picture.
• Obtained a preliminary injunction for a Fortune 500-consulting company against a customer using the client’s copyrighted software beyond the scope of its license.
• Represented James Cameron in connection with claims asserted by third parties that the motion pictures “Terminator” and “Terminator 2” infringed pre-existing copyright works.  All such actions were dismissed prior to trial.
• Represented David Arquette in connection with the claim that his motion picture “The Tripper” infringed pre-existing copyrighted work.  The case was dismissed at the pleading stage.
•  Represented Intervisual Books in connection with litigation asserting that its children’s books infringed the copyrights of a third party competitor.  The action was settled prior to trial.
•  Represented dressmaker Private Label by G in successful defense of claims that its wedding dresses infringed dress designs of competitors.
•  Represented Tom Cruise and Dustin Hoffman in separate right of publicity actions involving unauthorized utilization of the actors’ likenesses as they appeared in copyrighted works.  The defense of copyright preemption was asserted in those cases and rejected by the court in each instance.
• Represented Warren Beatty in litigation against Tribune Media Services involving rights in and to the character Dick Tracy.  Case involved, in part, assertions by Tribune concerning the non-assignability of copyrights.  Tribune’s copyright argument was rejected by the court.
• Copyright counseling and copyright clearance for such clients as the creators of the Bill of Rights sculpture at the McCormick Tribune Freedom Museum in Chicago, which features 1,000 quotations relating to freedom.

For more information, please contact Aaron J. Moss.