Copyrights
Stites & Harbison's Intellectual Property (IPT) Group helps clients maximize the value of their copyright assets. We advise clients on managing and protecting copyright assets, including registering and enforcing copyrights by issuing DMCA “take down” notices, communicating directly with infringers, and instituting litigation when necessary. When litigation is unavoidable, we strategically advance our client’s interests at every stage, using our experience to efficiently work toward positive resolution while aligning with business goals.
We also help clients maximize value through drafting and negotiating licensing agreements and other agreements involving copyrights. Such agreements may involve licensing copyrights in technology or creative content in a variety of fields. The transactional work also includes assisting clients in the acquisition or disposition of copyright portfolios.
In transactions involving the acquisition or disposition of copyright portfolios, our intellectual property attorneys work with our firm’s business services attorneys to:
- Coordinate due diligence efforts;
- Evaluate and assess the status of copyright portfolios involved in a transaction;
- Draft and negotiate the appropriate terms related to copyrights in a transaction, whether they are central to or incidental to the larger transaction; and
- Ensure the accuracy of documents that reflect the transfers of copyrights.
We also have experience working on secured transactions in which copyrights and other intellectual property form a significant part of the collateral securing a loan. We draw on our firm's interdisciplinary experience to complete such transactions.
President Issues Landmark Executive Order on Artificial Intelligence and Directives for the U.S. Patent and Trademark Office
On October 30, 2023, President Joe Biden issued a landmark executive order (the Order) directed to promoting use and managing risks of artificial intelligence (AI). The order recognizes the vast potential of AI and directs sweeping actions to protect against the risks of AI. Attorney John Teresinski takes at look at the order in this Stites & Harbison Client Alert.
The Evolution of "Hybrid": Post-COVID Collaborative Working
Stephen Weyer takes a look at what the word "hybrid" means in today's world in this Stites & Harbison Client Alert.
What 70% of Americans Don’t Understand About Intellectual Property
Mandy Decker takes a look at the different types of intellectual property in this Stites & Harbison Client Alert.
Managing IP Honors James Hayne and Nick Stewart on 2023 "Rising Stars" List
LOUISVILLE, Ky.—Managing Intellectual Property (Managing IP) magazine has named Stites & Harbison, PLLC attorneys James Hayne and Nick Stewart to its 2023 “Rising Stars” list.
The Supreme Court Helps Copyright Owners by Limiting Fair Use in Warhol Foundation v. Goldsmith
In May, the Supreme Court issued a narrow decision on the issue of fair use in copyright infringement cases. The case, Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, strengthened the position of potential plaintiffs – a little.
Managing IP Honors Stites & Harbison Attorneys on "IP Stars" 2023 list
LOUISVILLE, Ky. —Managing Intellectual Property (Managing IP) magazine has named nine Stites & Harbison, PLLC attorneys to the 2023 “IP Stars” list. Managing IP recognizes the most highly regarded intellectual property attorneys in the U.S.
The Enablement Challenge for Genus Claims Under U.S. Patent Law: How Much Disclosure Is Enough After Amgen v. Sanofi?
Patent attorney Nick Stewart takes a look at the enablement challenge for genus claims under U.S. Patent Law in this Stites & Harbison Client Alert.
Trademark Law Developments in the Metaverse
The Metaverse (or “Web 3.0”) provides varying levels of access to three-dimensional environments for various decentralized activities such as gaming, commerce, social media, dissemination of authenticated digital assets such as non-fungible tokens (NFTs) and cryptocurrency, and others. Participants can engage in any number of virtual reality activities and transactions with others at any conceivable virtual location, whether based in reality or in fantasy. Not surprisingly, trademark law has now reached the Metaverse.
Stites & Harbison Named to 2023 Top 10 Patent Firms in North America - South List
LOUISVILLE, Ky. —The Patent Lawyer Magazine has named Stites & Harbison, PLLC to the 2023 Top 10 Patent Firms and IP Practices in North America – South list. This is the firm’s second year being honored.
IP vs. PR: Lessons From the Dungeons and Dragons Open Game License Controversy
Wizards of the Coast, LLC (“WOTC” or “Wizards”) and its parent company Hasbro, Inc. (“Hasbro”) recently found themselves facing unexpected backlash from their attempt to modify an existing license agreement which they had in place with content creators, the Open Game License (OGL), which allowed those creators to use game mechanics and other elements from the Dungeons and Dragons (D&D) table-top role playing game. IP attorney TJ Mihill takes a look at what's going on.
Scammers are Now Impersonating the USPTO: What You Need to Know
Recently the U.S. Patent and Trademark Office (USPTO) issued a Notice pertaining to a recent development in fraudulent communications pertaining to U.S. Trademark registrations and registration applications. Scammers are and have been accessing publicly available Trademark information and directly contacting applicants/registrants.
An Applicant's Guide To USPTO's Examiner Incentive System
Incentives are powerful tools for driving behavior. On this topic, billionaire businessman Charlie Munger famously advised to "[n]ever, ever, think about something else when you should be thinking about the power of incentives." Because the pathway from patent application to granted patent depends heavily on the actions and judgments of the examiner assigned to the application, a patent applicant is well advised to consider the examiner's perspective and the incentives imposed by the U.S. Patent and Trademark Office through the examiner production system, also referred to as the count system.
Scot Duvall Joins Stites & Harbison’s Louisville Office
LOUISVILLE, Ky.—Stites & Harbison, PLLC welcomes attorney Scot A. Duvall to the firm’s Louisville, Ky., office. He joins the firm as a Member (Partner) in the Intellectual Property & Technology Service Group.