Copyright

Full service across a wide range of industries

Companies and associations in diverse industries from around the world count on us to protect and enforce their copyrighted works, reduce the likelihood of copyright infringement claims, negotiate licensing deals and other agreements, and counsel on copyrightability and non-infringing use. We represent a wide range of copyright clients, including AI innovators, software developers, publishers, multibillion-dollar entertainment companies, music rights holders, video game companies, manufacturers, nonprofit organizations, standard-setting entities, major retailers, defense contractors, associations, and pharmaceutical companies. 

Our services include:

• GenAI counseling: We leverage deep technological and legal knowledge to advise clients on copyright issues emerging from generative artificial intelligence, including copyrightability of AI-generated content, training data rights and licensing, fair use considerations, ownership and authorship, and open-source compliance.
• Copyright litigation: Whether enforcing your copyrights or protecting you from infringement claims, we bring a formidable team and decades of litigation experience in federal district and appellate courts throughout the country.

• Open-source software: We advise clients on the copyright implications of using, modifying, and distributing open-source software. Our services include evaluating open source licenses, conducting audits, managing compliance, and assessing infringement risk and the impact of incorporating open-source code into proprietary products.

• Licensing (including music licensing and entertainment): We negotiate and draft agreements involving copyrighted works, including licenses, joint-development agreements, assignments, rights clearance, and distribution agreements. We also advise on how to operate under statutory licenses.
• Digital Millennium Copyright Act (DMCA) guidance: We advise on the notice-and-takedown system, DMCA compliance, intermediary liability, and best practices for online service providers.
• Copyright registration and protection: We assist with copyright applications—including in complex situations involving AI-generated content, expedited processing, and requests for reconsideration—as well as recording documents and performing title searches. We also render opinions on copyrightability and foreign protection and advise on termination rights.
• Risk management: We provide opinions on alleged infringement, fair use and other non-infringing use, copyrightability, and ownership and title.
• Social media: We guide clients through constantly changing best practices regarding social media, influencers, and online content creation and use.
• Copyright audits: We conduct audits to reveal opportunities for registration, enforcement, and licensing that can generate revenue streams and open new markets.

Public policy as an additional advocacy lever

Finnegan helps clients achieve key objectives by combining legal and policy knowledge to provide strategic counseling on emerging legislative and regulatory issues pertaining to copyright and copyright-adjacent issues. We understand how to promote clients’ interests before the U.S. Congress, the U.S. Copyright Office, and other agencies. Our services include general legislative and committee strategy, as well as analyzing and drafting legislation, and developing congressional committee testimony.  We also advise on proposed regulations, prepare written comments in response to requests from federal agencies for public feedback, and testify on behalf of clients at public forums.