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Lutzker & Lutzker attorneys welcome the complex challenges that result from applying traditional legal principles to the transformed – and constantly changing – business environment created by the Internet and new media. Our understanding of the exploding digital environment has put us at the forefront of addressing these unsettled issues in policy, legislative and litigation contexts as well as in everyday business transactions.

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REPRESENTATIVE MATTERS

  • Serving as lead counsel for a consortium of national library associations in connection with passage of the Digital Millennium Copyright Act (DMCA), the Copyright Term Extension Act (CTEA) and the Technology, Education and Copyright Harmonization Act (TEACH Act).

  • Dealing with anti-virus software companies on claims of potential abuse (distribution of malware, Trojan viruses and adware) stemming from online site downloadables.

  • Advising online game sites and contextual advertising services on issues such as permissible use of third party trademarks and user-generated content.

  • Reviewing client websites for copyright, trademark and patent issues to determine ownership and use rights; preparing terms of use statements; reviewing privacy policies for purposes of obtaining TRUSTe privacy seal, adherence to Department of Commerce Safe Harbor Principles, and compliance with the Children’s Online Privacy Protection Act (COPPA) and other applicable laws.

  • See Lutzker, S., “7 Hidden Hazards of Your Website.”

  • Negotiating music licensing agreements for web use.

  • Counseling podcast creators as to clearance and license issues.

  • Helping clients obtain the TRUSTe email seal and TRUSTe download certification.

  • Protecting client interests in domain name disputes.

  • Dealing with DMCA notice and takedown procedures where copyright infringement is alleged.

  • Advising clients on risk reduction through special errors and omissions and abatement infringement insurance policies tailored to cyber activities.

  • Defending a client’s contextual marketing program using “pop-up” ads from claims of trademark and copyright infringement.

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  • Defending a software company’s sale and distribution of innovative DVD backup and restoration software and the public’s fair use rights.

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  • Filing numerous amici briefs in the U.S. Supreme Court and the U.S. Courts of Appeal on behalf of national library and educational associations concerning provisions of copyright law that govern copyright term and the rights of freelance authors, photographers and publishers to control the electronic republication of works and on behalf of economics professors in a peer-to-peer file-sharing case.
  • Testifying at the Library of Congress in connection with hearings to establish exemptions under Section 1201 of the Digital Millennium Copyright Act.