Copyright Attorneys

Protecting our Clients' Creativity, Industry, and Vision
Home / Blog / Schedule

We provide our clients with a full range of intellectual property services relating to copyright, trademark and trade secret matters. These services include, but are not limited to, analysis, licensing, litigation, monitoring, and prosecution.

Copyright Analysis and Opinions - We meet with our clients to review all material for which copyright protection is sought. We then provide our clients with an in-depth analysis on the copyright protections available for the particular materials. Where copyright protection might not be available for certain aspects of the material (e.g. raw data or facts), we provide our clients with recommendations and methods to increase the protectability of the material.

Copyright Licensing
- We provide our clients with complete copyright licensing services. Where our clients seek to use a particular work subject to another's copyright, we gladly facilitate, where possible, the license to enable such use and negotiate the relevant terms relating to such a license. Similarly, where others seek to use the works of our clients, we facilitate and negotiate the profitable license of our clients' works to others. We also review entertainment contracts to ensure that our clients retain the strongest protection for their contributions to works and original creativity.
Copyright Monitoring - We monitor our clients' copyrighted material to protect against infringement. Where such infringement does occur, we actively and aggressively pursue those responsible (see IP Litigation).

Copyright Prosecution - When copyright registration is sought with the United States Copyright Office for particular materials, our experienced attorneys prepare and submit the appropriate applications working with the clients to ensure all requisite information and exhibits will be properly submitted.

Registration is critical to establishing the full range of remedies available for copyrightable works.

In the United States, copyright registration can only occur on the federal level. Specifically, to register a copyright, a person must file an application for copyright registration with the United States Copyright Office. While registration of a copyrighted work may appear to be straightforward, there do exist certain matters to be considered before completing the application.

Office Actions
At times, the USPTO will issue office actions in relation to an application that require a response or resolution of issues identified. In certain circumstances, the USPTO might identify conflicts with the mark that may require negotiation with third parties. Our firm works with our clients to make every effort to resolve these issues.

In addition to applications we file, we also represent clients who need representation in responding to an office action filed prior to our involvement.

Opposition and Cancellation
Should an application pass analysis by the Examining Attorney, it will be published for opposition. Anyone who believes the mark should not be registered may file an opposition to an application. Our lawyers represent our clients in responding to filing opposition proceedings before the USPTO. Our attorneys also represent clients in cancellation proceedings before the PTO.

Contact one of our attorneys to discuss additional information about trademark registration.

In the Internet age, a business must engage proper domain name and trademark clearinghouse protection efforts.

Our firm has a long history of working with our clients to develop a strong and sound domain name protection policy.
We work with our clients to effectuate protection through the Trademark Clearinghouse.

Maintaining rights to brands and mark necessitates a policing policy.

Beyond registration and domain protection, a trademark owner must implement effective policing policies.

Our firm can provide policing protection of marks through a variety of mechanisms.
Where an individual or entity unlawfully uses a client's brand or mark, our firm works with our clients to immediately address infringement.

Through a variety of tactics, we can enable our clients to implement a personality to enforcement efforts. This "personality" coincides with business and public relations considerations to implement an individualized approach to mark and brand protection.

Since 2003, Mudd Law has provided representation to individuals sued for alleged copyright infringement arising through P2P and BitTorrent networks.

Beginning in 2003, our firm began to represent individuals sued by the Recording Industry Association of America ("RIAA") for alleged downloading and uploading of copyrighted works. Soon thereafter, our firm also began representing individuals sued by the Motion Picture Association of America ("MPAA") for the same alleged conduct. While some may debate the issue, the RIAA and MPAA engaged in their litigation initiative as a misguided effort to deter unauthorized distribution, downloading, and sharing of their copyrighted works (many times, the recording companies and film studios own the copyrights to the sound recordings or films and not the artists involved).

After several years, the RIAA and MPAA abandoned their mass peer-to-peer lawsuits. Other entities, however, emerged to adopt the RIAA-MPAA practice of filing suit against mass numbesr of individuals for alleged copyright infringement. In this instance, some of the entities appeared to do so for purposes of securing settlements from individuals. Since this model of litigation began, our firm has represented individuals caught in this maelstrom of purported efforts to protect intellectual property rights and oppressive settlement demands.

The Internet Does Not Mean Free

As an initial principle, people need to understand that simply because content exists on the Internet does not make it lawful to download and distribute such content without payment. Many times in our practice, we find individuals who misunderstand this aspect of the Internet. If content - particularly such as a film - appears on the Internet and can be accessed without payment of some kind (even Netflix has a monthly fee), you should be wary. With rumors of some companies intentionally making available copyrighted works available for "illegal distribution" to "catch" infringers, you should again be wary. You should determine whether the website is a primary source (eg an artist's website from which the artist offers their music free to fans) or a third party distribution network (eg P2P or BitTorrent network).

Notice from Internet Service Provider

Typically, our representation of indivduals in these situations begins when they have received a notice from their Internet Service Provider ("ISP") that a third party seeks identifying information about them. The notice will most often provide a date by which information will be disclosed unless an objection or motion is filed with the Court.

To ensure consideration of all options, you should speak to an attorney before this deadline passes.

When people contact us after receiving such a notice, they wonder how the film company or Plaintiff in the litigation found them. Usually, someone in the household or business accessed a website that tracked the Internet Protocol address associated with the individual's connection to the Internet from their ISP. With an IP address, you can easily determine (in most cases) the ISP associated with that IP address.

The Plaintiff then files litigation, obtains leave to issue discovery through subpoenas, and serves the ISP with a subpoena seeking information about which subscriber used that IP address.

Fight or Settle

When an individual receives a notice from an ISP indicating a subpoena has been served upon it seeking the individual's information, a few options exist. The first - which we do not recommend - is to ignore it. We have spoken with many people over the years who initially ignore it and then become named as defendants in the litigation. Most likely, not everyone who ignores it will be named in the litigation as a defendant. But, certainly, some will and have been so named. Again, we do not recommend ignoring any legal notice.

Next, one could file a motion objecting to the subpoena or motion to quash. However, in the copyright context, the likelihood of success on these motions is minimal.

One could settle. A settlement does not always involve payment of money, but in most all cases falling within these circumstances it does. Unfortunately, there does not exist any way to specify here what a settlement amount may be because it depends on the Plaintiff, an individual's specific circumstances, the nature of the copyrighted works, and much more. Moreover, prior settlements aften include agreements of confidentiality.

Why Choose Us?


Our team works diligently to develop creative solutions to our clients' litigation matters.


We work tirelessly on behalf of our clients and their interests.


We welcome our clients' communications and involvement in the litigation process.


We invest in understanding our clients to combine this knowledge with legal experience to plan strategically.


We can adapt to changing circumstances.