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The American Lawyer 2008 IP Finalist


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Copyright

Overview


Contact:   Paul E. Jahn

Morrison & Foerster counsels clients on a wide variety of copyright issues for all types of copyrighted materials, including computer programs, motion pictures, visual art, sound recordings, and other literary, musical, dramatic, sculptural, pictorial, and architectural works. The firm assists clients with copyright registration, counseling, licensing and transfer of ownership, and disputes. Morrison & Foerster has represented clients in several landmark copyright cases over the past 20 years, including In re IBM and Fujitsu, SCO Group v. Novell, and On Command Video v. Columbia Pictures Industries, et.al. In addition, the firm has played a role in the development of almost every significant piece of copyright legislation over the past decade, most notably the Digital Millennium Copyright Act of 1998.

The firm is particularly experienced in the area of computer software, including issues relating to the scope of copyright protection and business arrangements for research and development, consulting, and licensing. The firm also has extensive experience with copyrightable material in the entertainment industry. The firm is honored to have Paul Goldstein as Of Counsel to the firm on copyright matters. Mr. Goldstein, a professor of law at Stanford University, is a nationally recognized expert on copyright and related intellectual property issues and is the author of the authoritative four-volume treatise, Goldstein on Copyright.

Representative Matters

Lucas Arts: The firm advises the company on software licensing and other copyright-related issues.

SCO Group v. Novell: The firm represented Novell Inc. in defense of the “slander of title” suit brought by The SCO Group. The core of the case is SCO’s claim to all copyrights to Unix, which had licensed to IBM. Not long after SCO sued IBM in March 2003, Novell publicly challenged SCO’s claims, insisting it retained Unix copyrights as part of its 1995 deal to sell Unix to SCO. Successful summary judgment motion defeated SCO’s claims against Novell. Prevailed in the bench trial of Novell’s counterclaims, resulting in an award of over $4 million (with interest).

Thomson Financial: Advised the client on its billion-dollar data outsourcing deal with Merrill Lynch.

Qwest: Represented the client on copyright and other IP issues in connection with its high-profile sale of its telephone directory business.

Yahoo!: Representation on cutting-edge online copyright law issues.