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. The firm is also prepared to use all available legal tools to combat the increasing threats and realities of cyberattacks that involve the theft of intellectual property.
- Advising clients on risk reduction through special errors and omissions insurance policies designed to protect the intellectual property of web-based businesses and media professionals and new cyber-security insurance products to protect against data privacy and security breaches.
- 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.
- 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.
- 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.
- Lutzker & Lutzker, in conjunction with another law firm, developed the strategy that successfully defended a client’s delivery of Internet “pop-up” ads as part of its innovative contextual marketing program. Since novel issues necessitate novel approaches, part of the litigation plan consisted of identifying and working with a Harvard Business School professor to develop expert testimony on how “pop-up” ads benefit consumers and enhance competition in the marketplace. The firm retained a nationally recognized survey expert to identify flaws in the plaintiff’s survey evidence. When courts in New York and Virginia ruled in favor of our client, the judge’s opinion adopted much of the reasoning of the firm’s brief.
- Defending a software company’s sale and distribution of innovative DVD backup and restoration software and the public’s fair use rights.
- See Lutzker, A. and Lutzker, S., “Altering the Contours of Copyright: The DMCA and the Unanswered Questions of Paramount v. 321 Studios.”
- Lutzker & Lutzker represented a software company in its fight to establish that consumers may decrypt scrambled content on a lawfully acquired DVD in order to repair or make a personal backup copy of the DVD and that the company may lawfully distribute software designed to enable that activity. The firm defended the company in federal court against claims brought by two major motion picture studios under the “anti-trafficking” provisions of the qDigital Millennium Copyright Act (DMCA). The firm also submitted public comments and prepared the founder of the company to testify in the Copyright Office’s second triennial “Section 1201” rulemaking proceeding for the consideration of exemptions to the DMCA’s prohibition on circumvention of technological measures that control access to copyrighted works.
- 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.