Another rite of passage for a successful songwriter or publisher is a copyright infringement claim. The firm has been notably successful in defense verdicts as counsel for copyright infringement claims against its clients. The firm, along with other local counsel, was able to achieve orders of dismissal on all counts on recent federal infringement claim cases.

If copyrights are the core assets that make our songwriters and publishers a living, we defend them as we would children. Zealous advocacy, adherence to ethics, and knowing the law and how to implement and carry-out a strategy in a federal copyright case become paramount when a client’s livelihood is at stake. Our firm is also instrumental in helping claimants resolve their differences through mediation and arbitration. Once a case is resolved, the way it is resolved and the language used when instructing copyright licensees to pay specific streams or administrate properly becomes almost as important as a lump-sum payout and maybe more so when valuing the settlement over time. Our firm has assisted clients and lawyers with the settlement details and at times, has worded settlements with consent for the digital world. Below are some examples of the work that the lawyers within the firm have done in this area:

• Successfully defended copyright infringement claims with summary judgment in federal court

• Hired and managed local counsels for change of venue in federal court related to copyright claims

• Represented clients in mediations prior to and after suit related to copyright claims

• Defended artist, songwriter, and producer depositions related to copyright claims

• Research and strategy related to class-action or representative plaintiff group claims

• Hired and analyzed musicololgists reports

• Drafted and settled multiple lawsuits with settlement agreements, assignments, and royalty redirections

• Assisted administrators, major labels, and publishers with letters of direction drafting, implementation, and royalty redirections after settlement

• Researched, drafted, and implemented publisher and songwriter policies related to access and staff’s receipt of unsolicited materials to reduce risk of frivolous claims

• Evaluated songwriter and publisher insurance policies

Reported Cases:

Martinez vs. McGraw, Wiseman, Reid, et.al. Middle District of Tennessee Federal Court. Successfully won Motion for Summary Judgment, eliminating the need for a trial over a copyright infringement claim by Martinez against Craig Wiseman and Mike Reid over the Tim McGraw song, “Everywhere.” June 2009. (reported)

Brainerd, et. al. vs. Vassar and Wiseman, et. al. Middle District of Tennessee Federal Court. Successfully won Motion for Summary Judgment, eliminating the need for a trial over a copyright infringement claim by Brainerd and other songwriters asserting copyright infringement against Craig Wiseman and Phil Vassar over the song, “Good Ole Days.” July 2009. (reported)