The Legal 500 > United States > United States > Copyright

Music and book publishing are the two key areas of focus for Cowan, Liebowitz & Latman, PC. Eric Shimanoff is a name on the music side, having recently acted for Warner Music, Sony Music and Orchard Enterprises, collectively, in a dispute against ROK Mobile for the non-payment of royalties for recordings streamed by the defendants. Richard Mandel and Thomas Kjellberg are also names to note in the music space; together, the two advised UMG Recordings in a class action brought by a number of recording artists seeking to reclaim their publishing rights. Mandel also worked alongside Richard King for Capitol Records in seeking an injunction and damages against ReDigi which allegedly enabled purchasers of online digital recordings to re-sell them. Book publishing work is primarily handled by Richard Dannay, who recently represented Dover Publications in a dispute where an artist claimed her teddy bear illustration was infringed in a work published by the client. All lawyers are based in New York.

Jenner & Block LLP is a well-known name in copyright litigation, particularly on the content creators side, where it acts for high-profile artists, associations, labels and production companies. Recent highlights included practice head Andrew Bart and Steven Englund representing the Recording Industry Association of America against the owners of the hip hop mixtape service Spinrilla, where songs often use sampled recordings without proper clearance. Another key figure is Susan Kohlmann, who achieved a major victory at the Ninth Circuit acting for author John Steinbeck's stepdaughter, Waverly Scott Kaffaga, in a case alleging that the author's son and daughter-in-law prevented the production of films based on the author's works. Also recommended are Alison Stein, who worked alongside Kohlmann in the Steinbeck case, and David Singer in Los Angeles, who co-chairs the content, media and entertainment practice. Named lawyers are based in New York unless otherwise stated, though the team also has a presence in Washington DC.

King & Spalding LLP's defense of Google in its Supreme Court battle against Oracle is on of the more recent examples of the firm's strong presence in the digital copyright space. The practice is led by San Francisco-based Kenneth Steinthal, who acts for an impressive client roster in the digital copyright space, including Google, iHeart  Media and Netflix. In addition to his digital copyright work, Steinthal has earned particular praise for his work in the area of music music, where one client described him as 'one of the top, most-respected legal minds in the area of music rate setting and copyright litigation'. Other recommended names include New York-based Bruce Baber, who led the representation of Google in the Oracle case, and counsel Jason Blake Cunningham.

Kirkland & Ellis LLP is at the forefront of copyright disputes in the areas of video games, software and social media. Recent examples of the firm's standing in that space included New York-based practice head Dale Cendali and Joshua Simmons advising Epic Games on the many cases surrounding its video game Fortnite brought by actors, rappers and YouTubers alleging particular incidences of infringement within the game. Cendali and Simmons also represented Oracle in a potentially precedent-setting dispute against Google before the Supreme Court, where the client alleged that Google's Android platform infringed upon its Java platform. Another key figure in the team is Los Angeles-based Diana Torres, who acted for Cadence Design Systems in a licensing and copyright case against Skyworth Digital Holdings. Also recommended is Claudia Ray in New York, who focuses on issues relating to online music services.

Praised by clients for its 'unmatched expertise in copyright litigation', Loeb & Loeb LLP is a key name in the market for representing content creators in the music and entertainment space. New York-based practice head Barry Slotnick, is a key name for high-profile litigation, having most recently represented hip hop duo Ryan Lewis and Macklemore in an infringement claim brought by a New Orleans-based jazz musician who claimed that the client's hit single 'Thriftshop' illegally sampled one of his compositions. Other standout highlights included David Grossman in LA and Jonathan Zavin in New York defending Netflix against copyright infringement allegations made by a photographer concerning the client's TV series Stranger Things. Also recommended in Los Angeles is Melanie Howard, who focuses on copyright protection and licensing, as well as acquisitions. Clients have also noted that the legal service they have 'come to expect at the top extends behind the scenes and on the front lines'. In particular, clients have singled out associate Sarah Schacter on the more junior end of the team.

Weil, Gotshal & Manges LLP's copyright team has strengths in a wide range of copyright disputes such as music licensing, safe harbor issues, and photography-related disputes, acting for a highly diverse set of clients including Pandora, Alibaba and Oxford University Press. Practice head Benjamin Marks in New York recently advised Getty Images on a landmark $3bn dispute against Zuma Press wherein Zuma alleged that the client had infringed upon the copyright of 47,000 photographs. Marks also acted for Pandora Media in an appeal before the DC Circuit, which challenged the Copyright Royalty Board’s royalty rate increase for the on-demand streaming of musical works. Bruce Rich has retired.

Arnold & Porter fields a strong litigation team in New York, acting for various titans of the entertainment industry such as Major League Baseball, Fox News and Disney. Dori Ann Hanswirth is a key figure in the team; she has expertise both in copyright counseling and litigation, with a strong emphasis on the media and entertainment sector. Another name to note is Theresa House, who recently defended Disney, Marvel and Paramount, collectively, against copyright infringement allegations brought by Horizons Comics regarding the suit worn by Iron Man in the Iron Man and Avengers movie series. The firm also has a strong presence on the West Coast, where Los Angeles-based Rhonda Trotter recently represented Experian in an appeal involving the copyrightability of marketing databases. Matthew Wolf and Jennifer Sklenar  lead the wider IP group from the firm's Washington DC office. Robert Garrett has retired.

Fenwick & West LLP stands out for its expertise in technology and online-related copyright. Key figures in the San Francisco-based team include Jennifer Stanley, a name to note for transactional IP matters, particularly in the gaming sector; Andrew Bridges, an experienced litigator specializing in matters relating to the technology sector; and Laurence Pulgram, who is highly experienced in handling cases concerning new technology, particularly music streaming services. Also recommended is David Hayes, who has a similar emphasis on new technology and has been advising software companies such as SAP, Alteryx and ServiceNow on various regulatory issues.

Mayer Brown's copyright litigation group is led by John Mancini who has a strong track record in representing technology companies in high-profile copyright disputes, and is particularly adept in cases involving digital music. 2019 saw Mancini representing Spotify in a copyright licensing dispute against Wixen Publishing, which owns the rights to recordings by Neil Young, Tom Petty and The Doors, among others. The practice head also defended Google against a claim brought by the South African gospel singer Seugne Botha, who alleged that the client sold streamed recordings of hers without a proper license. Allison Levine Stillman has been working alongside Mancini on these major cases.

Orrick, Herrington & Sutcliffe LLP is a key name for technology-related copyright, as recently illustrated by its representation of Oracle in a Supreme Court case against Google, concerning copyright infringement of the client's Java platform. That case was led by San Francisco-based practice head Annette Hurst, who is regularly involved in big-ticket disputes relating to software and the Internet. On the East Coast, Paul Fakler in New York works handles disputes and general advisory issues involving music streaming services, an area which is also a core focus for David Hosp in Boston. Hosp recently defended Sports Fans Coalition against copyright claims brought by several broadcasters relating to its free TV streaming service Locast.

Proskauer Rose LLP is known for representing big names in the music industry in high-profile copyright disputes. In a recent standout case, Sandra Crawshaw-Sparks defended the Estate of Bob Marley and Blackwell Fuller Music Publishing against a road manager for the singer in the 1970's who claimed to have written Marley's songs 'War' and 'Natty Dread'. Crawshaw-Sparks also worked alongside Alexander Kaplan for Sony in its dispute against an unnamed media company, which allegedly used unauthorized recordings by the client on 200 counts. Kaplan is based in New York, whereas Crawshaw-Sparks splits her time between New York and Los Angeles.

Digital copyright disputes have been a mainstay of Winston & Strawn LLP, a team which has carved out a reputation for defending internet service providers against liability claims from content creators whose work has been infringed upon the ISP's subscribers. New York litigator and practice co-head Michael Elkin recently defended Cox Communications against a $1.5bn lawsuit brought by major music labels such as Warner Bros, Sony and Universal. Joint practice head Thomas Lane also works form the New York office and is a key contact for copyright cases concerning new technology. West Coast contacts include Jennifer Golinveaux in San Francisco, who has extensive experience in disputes involving the use of music and photographs online. Also recommended is Erin Ranahan, a name to note for matters involving the Digital Millennium Copyright Act.

Baker & Hostetler LLP has 'offices nationwide and a great international reputation', making them a popular choice for global media and clothing companies on issues such as infringement, licensing, registration and general counseling. New York-based Oren Warshavsky leads the practice and is highly experienced in litigation involving photographs, music and clothing designs. Another name to note is Chad Rutkowski in Philadelphia, who is recognized in particular for his experience of software-related copyright.

Katten's copyrights team has core strengths in software and entertainment-related disputes. A key figure in the group is IP practice founder Floyd Mandell in Chicago, who has extensive trial experience and is particularly strong in software-related disputes. Zia Modabber is a name to note for work in the entertainment industry, as is Joel Weiner in Los Angeles, who acts for clients such as NBCUniversal and Sony Pictures Entertainment. Also recommended are Chicago-based Brian Sodikoff and Terence Ross in DC, both of whom have expertise in technology-related disputes, especially cases concerning software code.

Morgan, Lewis & Bockius LLP's copyright group is led by DC-based litigator Kevin Fee and John Polito in the San Francisco office. Among the team's recent highlights, Fee is representing the American Society for Testing and Materials in a claim against Public Resource, which published the client's copyrighted material and argued that such use does not constitute infringement since the copyrighted content is public, government standards and law. On the West Coast, Polito defended the Nationwide Insurance Company of America in a copyright infringement claim brought by software developer Mark Bradford in relation to the company's use of his software. Carla Oakley is another contact in the San Francisco office.

O'Melveny & Myers LLP has an enviable client roster which includes big names such as Hulu and Google. Daniel Petrocelli is an important name in entertainment litigation, acting for household names such as The Walt Disney Company. Petrocelli achieved a recent success for Disney at the Ninth Circuit, concerning copyright infringement claims brought by Esplanade Productions in relation to one of Disney's feature films. Another key figure in the team is David Eberhart, who is particularly skilled in software-related disputes.

Paul, Weiss, Rifkind, Wharton & Garrison LLP is especially well known for its expertise in the area of music copyrights, where it has recently handled disputes for clients such as the American Society of Composers, Authors and Publishers, and the National Music Publishers’ Association. A name to note in the practice group is Lynn Bayard, who stands out in particular for her experience in the media, sports, fashion and entertainment sectors. Also recommended is Jay Cohen, who has experience of music licensing and digital rights.

Williams & Connolly LLP's litigation group was recently strengthened by the arrival of Lisa Blatt from Arnold & Porter. Chair of the firm's Supreme Court and appellate practice, Blatt is a respected name at the Supreme Court, where she recently acted for the photographer Lynn Goldsmith in relation to a photo of Prince that Goldstein took, which was used for an illustration by Andy Warhol without proper authorization. The practice group is led by Thomas Hentoff, whose recent highlights include representing Fox, Disney, NBC and CBS in a lawsuit against Locast, which streams TV stations. What may be the team's most impressive case this year, however, was led by Nicholas Boyle, who recently achieved a $500m judgement for real estate information company CoStar in its case against competitor Xceligent concerning its mass infringement of photographs and data. The case involved major infringements in India and the Philippines, and Boyle was thus especially well placed to handle the matter, given his focus on disputes with cross-border elements.

Davis & Gilbert LLP's New York-based practice group stands out for its work in  the areas of fashion and advertising. Sara Edelman is a key figure in the team; she has core strengths in advertising and jewelry-related work. Advertising is also a focus area for Guy Cohen, who has recently been involved in disputes involving sound recordings and clothing designs. Also recommended are Marc Rachman and Ashima Dayal, both of whom have experience of font licensing agreements. Rachman is also a name to note for issues involving copyright trolls.

Key contacts at Fross Zelnick Lehrman & Zissu, P.C. include senior counsel Roger Zissu, who has handled matters involving protected works of literature, film and TV, and experienced litigators David Donahue and Laura Popp-Rosenberg. The team is based in New York.

The copyright team at Latham & Watkins LLP is composed of 'highly intelligent, skilled advocates', whom clients recognize as 'valued counselors', especially in music copyright litigation. Joint practice heads Andrew Gass and Joe Wetzel are based in the firm's San Francisco office. Gass has a track record of acting for household names such as Apple and iHeartMedia, whereas Wetzel - a recent arrival from King & Spalding LLP - counts Pandora among his key clients. Also recommended is Sy Damle in Washington DC, who previously worked as general counsel for the US Copyright Office.