Practice Areas

Copyright

Content may be a media company’s most valuable asset. New media offer new opportunities to leverage that content; but they also afford new opportunities for unauthorized – and possibly harmful – use of that content. Fletcher, Heald & Hildreth, PLC attorneys assist clients on both sides of the problem.

Fletcher, Heald & Hildreth, PLC attorneys assist clients in protecting their own copyright interests while avoiding infringement of others’ interests.

We help clients who produce and distribute content by:

• Helping them obtain copyright registration;
• Prosecuting infringements; and
• Negotiating and drafting licensing agreements applicable to all media.

We also help clients avoid copyright infringement liability by:

• Engaging in prepublication review of programming;
• Instructing client personnel on basic copyright law, so as to identify and avoid issues before they arise;
• Legally acquiring non-original content through legitimate licensing arrangements; and
• Strengthening their defenses by taking full advantage of laws like the Digital Millennium Copyright Act.

Music licensing is one of the more complex issues facing broadcasters. Whether a client is acquiring rights to use a single piece of music or ensuring compliance with the performance rights organizations ASCAP, BMI, SESAC and SoundExchange, our attorneys assist stations in steering clear of legal issues.

Webcasters, too, face complicated music licensing questions. Webcasting is not just a side venture or hobby, but a necessary component of the radio industry. Webcasting is subject to highly technical laws that can lead to very real penalties. FHH attorneys are well-versed in those laws. We help clients navigate the statutory license applicable to webcasting. Whether a client is streaming anything from music to talk, whether their online presence is a simulcast of an over-the-air broadcast or a stand-alone online radio station, FHH attorneys can provide advice about what particular license to use and how to complete the required forms. Our advice is designed to help minimize the royalties the client will have to pay.