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Intellectual Property

Content is the lifeblood of media. All media, including radio and television stations, constantly create new content and repackage existing printed, audio, and visual material to engage listeners, viewers, and website visitors. Maximizing value in these works requires vigilance against unauthorized use, through application of the copyright and trademark laws.

Fletcher, Heald & Hildreth, PLC assists broadcasters and others to protect their proprietary content and avoid infringement of others’ work. We file applications to register copyrights and trademarks, and take action when these rights are infringed, including litigation under relevant sections of the Copyright Act and trademark statutes and the laws against cyber-squatting.

The firm’s lawyers counsel clients on avoiding liability for copyright and trademark infringement:

• We advise broadcasters on the process of clearing rights for music in audio or video productions, including dealings with performance rights organizations and determinations as to whether a certain use constitutes “fair use.”
• We help broadcasters understand the complex laws that govern webcasting, make royalty payments, adjust over-the-air playlists to conform to music licensing requirements, and file required records of songs performed.
• We advise clients wishing to take advantage of the Digital Millennium Copyright Act “safe harbor” provisions that protect against liability for copyright infringements by third parties.
• We assist clients in performing searches to ensure that desired trademarks do not infringe on already-existing registered or unregistered marks.
• We draft licensing agreements to acquire or grant rights where potential copyright and/or trademark conflicts might otherwise exist.

Consult our lawyers in this area: