Copyrights protect personal and artistic expression in various media, including words (prose, poetry, song lyrics), music, pictures, sounds, sculptures, architecture, computer programs, and more. Keleti+Moradian LLP can help you at every stage of your creation’s life cycle.
- Registration While registration is not a requirement for copyright protection, it has many benefits. It is an essential requirement to bringing a lawsuit for infringement, and if a work is registered before it is infringed, the legal remedies are more comprehensive. Keleti+Moradian LLP can complete the registration process and provide advice on how best to protect works through registration.
- Terminations When the United States transitioned from fixed terms of copyright protection (an initial term of 28 years initial and a renewal term of another 28 years) to terms based on the lifetime of the copyright creator plus additional years, a provision was included in the law to make it possible for authors and their survivors to assert a right to terminate some transfers and begin to benefit from copyright ownership. The rules are extremely complicated, and Keleti+Moradian LLP can help navigate them for you sucessfully.
Keleti+Moradian LLP lawyers have represented plaintiffs, defendants, appellants, and respondents in intellectual property litigation; several cases have led to published opinions, including:
- Cosmetic Ideas v. IAC/InterActiveCorp, 606 F.3d 612 (9th Cir. 2010);
In this precedent-setting case, which went all the way to the United States Supreme Court, a K+M LLP lawyer sued the Home Shopping Network for copyright infringement on behalf the designer of a piece of costume jewelry. Although the trial court dismissed the lawsuit on a procedural technicality, the jewelry designer successfully appealed, setting a new precedent as a result. Defendants attempted to have the court of last resort review the decision, but the decision on appeal was not disturbed. Thanks to the tenacity of the K+M LLP lawyer, who successfully fought two appeals and brought a second lawsuit, the parties settled once it became a case on the merits.
- Peterson v. Highland Music, Inc., 140 F.3d 1313 (9th Cir. 1998) (represented prevailing plaintiffs at trial only);
The '60s band The Kingsmen, famous for such hits as "Louie, Louie," did not receive any royalties for decades. Despite a statute of limitations, a K+M LLP attorney successfully sued for rescission in order to get back the band's masters, a decision affirmed on appeal.
- Stratta v. George Duke Enters., 43 U.S.P.Q.2d 1628, 1997 WL 282250 (S.D.N.Y.)
A conductor sued over a trivial misspelling of his name on an album's credits. In bi-coastal litigation, with a K+M LLP representing defendant, courts dismissed the cases against jazz great George Duke' company on motions to dismiss, agreeing that even if everything the plaintiff alleged were true, he had no case.
- Marascalco v. Fantasy Inc., 953 F.2d 469 (9th Cir. 1991), affirming 17 U.S.P.Q.2d 1409 (C.D. Cal. 1990).
The heirs of "Bumps" Blackwell, whose most famous work was his collaboration on the song "Good Golly Miss Molly," sued to obtain copyright renewal rights. A K+M LLP attorney was on the heirs' side, prevailing both at trial and on appeal. The case presented a novel fact pattern, and prior decisions suggested the heirs might not prevail over the music publisher, but the decisions in this case created a split in authority which was eventually resolved by Congress revising the Copyright Act.