Copyright

Overview

Today's owners of original creative works face the formidable challenges of copyright in a digital age. Protecting copyrights in a rapidly evolving legal environment can be difficult when original content is so readily copied and disseminated across borders.

Dykema has in-depth knowledge and experience helping owners of books and other literary works; music; motion pictures; paintings and sculpture; computer programs; web content; and architectural blueprints identify, protect and defend their copyrightable assets across the United States and throughout the world. Our scope of services is comprehensive and includes:

  • Counseling on copyright issues and registration
  • Enforcing copyrights and copyright licenses 
  • Obtaining copyright registrations
  • Protecting trade secrets
  • Pursuing and defending copyright infringement claims and disputes by litigation in U.S. courts and conducting alternative forms of copyright dispute resolution such as arbitration

Experience Matters

  • Represented an affiliate of Citicorp in defense of a software copyright matter in which the claimant sought over $15 billion in damages. Prevailed on summary judgment finding no liability and won award of attorneys' fees, upheld on appeal. 
  • Defended a television station in a copyright infringement claim arising from the use of a deceased police officer's photograph on a news program. The copyright owner's claim, which was based upon a contract to photograph all police officers and ownership of resulting photographs, was rebuffed on grounds of fair use.
  • Defeated asserted apparel design copyright infringement claims for lack of originality.
  • Obtained summary dismissal on behalf of a major television network in a copyright infringement case.
  • “Drawing the Battle Lines: Adidas’s Mission to Protect Its Three Stripes”
    World Intellectual Property Review
    April 24, 2018
  • “Cesari V. Peju May Have Reverberating Results”
    December 21, 2017
  • "Defend Trade Secrets Act: What does it mean in the real world — and what do lawyers do now?"
    Inside Counsel
    June 23, 2016
  • "3D printing and its implications on copyright law"
    The Copyright Lawyer
    May 2016
  • "Know Your Domain: An audit of Internet domain names can become an undiscovered asset on the bottom line"
    Metropolitan Corporate Counsel
    November 28, 2015
  • The Extraterritorial Reach of U.S. Patent Law, Minnesota IP Institute, (Co-Author)
    3rd Edition, 2005
  • "The King is Dead - And Overruled"
    September 19, 2011
  • "Fighting Online Counterfeiters at Internet Speed"
    December 28, 2010
  • "New Indictment of In-House Counsel Indicates Enhanced Efforts to Hold Corporate Executives Accountable for Food and Drug Law Violations"
    November 15, 2010

Speaking Engagements

  • Maximizing the Effectiveness and Impact of a Limited Anti-Counterfeiting Budget, 7th Annual Anti-Counterfeiting & Brand Protection East Coast
    September 28, 2011
  • Ask the Experts: What Would You Do? 30 Answers in 30 Minutes Anti-Counterfeiting & Brand Protection West Coast
    January 26, 2011