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Practice

Copyright

It's the bedrock of twenty-first century business in the digital age and an emerging source of the highest-stake litigations. Whatever your industry, and whether you develop, create, distribute, or train, copyright is inevitably interwoven with the legal issues you face.

From transactions and counseling to enforcement, litigation, and the most cutting edge issues in Artificial Intelligence, our team of copyright lawyers advise and advocate at the forefront of copyright law.

We understand the nuances and complexities of copyright, and are at the front line of its presently-evolving landscape. World-leading technology, fashion, media, broadcasting, sports, music, publishing, and gaming companies turn to our connected global team of copyright lawyers for cutting edge solutions across the full spectrum of copyright issues.

Whether surrounding user-generative content, software / database rights, AI, streaming, fair use or moral rights, if it’s copyright, we’ve got it covered.


The areas we focus on


What can we do for you?

 

Below are just a few examples of work we’ve done with other clients

 


Content litigation

When it comes to litigating the heart of their businesses, the world’s most prominent content creators turn to Hogan Lovells. Our well-seasoned team of copyright litigators understands your business, the value of your content and how best to protect and defend it.

Representative experience

Google in the "Innocence of Muslims" Garcia v Google case, successfully seeking en banc reversal of a controversial and major 9th Circuit decision requiring Google/YouTube to take down the film.

Blizzard Entertainment Inc. and its business partner in China, NetEase, in infringement and unfair competition dispute against a Chinese gaming company regarding infringement of Blizzard's online game.

Successfully advising Fox Group on unauthorized downloading, conversion to digital, and online free distribution of several TV series in France prior to their showing on French TV.

Obtaining victory for The Walt Disney Company on an infringement claim relating to the movie "Pirates of the Caribbean: Curse of the Black Pearl."

Successfully defending an NFL club in allegations of copyright infringement relating to a logo design and its contribution to royalties received from merchandise bearing the logo.

Representing FremantleMedia in infringement dispute between 'American Idol' and 'The X Factor' TV formats.

Advising a major CIS region technology and media company on infringement allegations in relation to highly successful multiplayer online game, in particular on the right to adapt its game engine.

Successfully negotiated pre-suit resolution of an infringement dispute related to use of car photographs by online travel and car rental agency.

Successfully obtained dismissal with prejudice of copyright infringement claim relating to a logo appearing on consumer products.

Obtained a dismissal with prejudice of infringement claims relating to wildlife illustrations against an educational publisher.

Successfully represented retail outlet in copyright infringement lawsuit involving images used in advertising materials.


Artificial Intelligence

The hottest legal topic of the day, AI’s implications for copyright law cannot be overstated. Our team is at the forefront of this emerging area, and actively advising on its implications and how businesses can best-position themselves.

Representative experience

Assisting multiple businesses across various industry sectors with the drafting and revision of Generative AI Use Policies.

Advising on considerations around vicarious liability for user-generated output alleged to be derivative and infringing of third party rights.

Counseling technology companies with respect to the copyrightability of AI-generated output, including in light of the US Copyright Office’s recently-issued policy statement, varying copyrightability policies across Berne Convention countries, and potential implications for enforcement and litigation.

Consulting on copyright implications of generative AI’s training methods, including fair use considerations.


IP transactions

Our IP transactions lawyers regularly collaborate with other practice groups at the firm to prepare comprehensive solutions for issues that may arise during a transaction. We work closely with our M&A, tax, export, government contracts, finance, privacy, antitrust, and dispute resolution teams to help navigate all the nuances of technology transfer.

Representative experience

Advising Liberty Global Inc on the US$1bn disposal of its international content division, Chellomedia, to AMC Networks Inc. This involved advising on the legal and regulatory hurdles in a large number of jurisdictions across the globe.

Advising Assa Abloy in $4.3B acquisition of Spectrum Brands HHI division and associated $800M divestiture in deals implicating the transfer and licensing of smart door technology and related platforms.

Assisted Fox Media with its multistage, worldwide intellectual property ownership reorganization as part of Twenty-First Century Fox’s acquisition by The Walt Disney Company, including the transfer and recordation of tens of thousands of rights owned by the media giant.

Advising a Chinese short-form video platform client on copyright matters in various jurisdictions, including reviewing agreements with content providers regarding content creation, distribution and so on, assessing risks of infringement for short-form videos posted on the platforms.

Drafting and negotiating global rights acquisition and waivers from makers of award winning Barefoot College "FliptheSwitch" film, and related short films, website and social media.

Advising World Wide Fund for Nature on collaboration with Netflix and Silverback Productions on the "Our Planet" series - a four year project and the largest of its kind ever attempted.


Software and technology litigation

World-leading technology companies trust Hogan Lovells to represent them in their highest-stakes technology disputes. From software and databases to electronic design automation and source code, our litigators understand your technology, and will vigorously defend your position.

Representative experience

Representing major computer manufacturers against claims for copying levies in Germany and a major German collecting agency in a landmark case dealing with the distribution of copying levies.

Won summary judgment on eve of trial for major software company in competitor case involving vulnerability databases and related technologies.

Secured an asset freezing injunction in Hong Kong in relation to the protection of encryption technology for TV content. 

Successfully asserted copyright and breach of contract claims against former licensee of voice biometric software.

Representing major software company in competitor patent infringement, copyright infringement and breach of contract action involving electronic design automation and semiconductor IP technologies.


Copyright enforcement

From takedown requests and DMCA notices to the ever-growing enforcement activity in music and motion picture licensing, we assist companies across the spectrum of enforcement issues, and on the sides of both affirmative enforcement and defense.

Representative experience

Assisting major software company with numerous DMCA takedown requests related to infringing copies of manuals and software posted online.

Represented multiple residential and commercial REITs with respect to music and motion picture enforcement activity and licensing.


Copyright counseling

We counsel major businesses operating in the IT, telecom, luxury goods, education, banking, and finance industries. We work with collecting societies as well as publishers, universities and public libraries, research institutions, and governmental bodies.

Representative experience

Advising on UK aspects of proposed multi-territory new digital radio service, including on necessary licence arrangements with music right holders (PRSfM / PPL) and broadcasters.

Advised multiple social media and user-generated content service providers, including major international short-form video sharing app, as to infringement and DMCA compliance.

Advised multiple hospitality and residential real estate investment trusts (REITs) as to music and motion picture licensing requirements and negotiations.

Advising on the recognition and enforceability of foreign judgments in the USA and the distinctions between U.S. copyrights and neighboring rights.

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