May 06, 2010

Jenner & Block was recently named the “2010 U.S. Copyright Firm of the Year” and the “Copyright Firm of the Year -- West” in the regional division by Managing Intellectual Property.  Partner Steven B. Fabrizio and Andrew H. Bart, co-chairs of the firm’s Creative Content practice group, accepted this honor at MIP’s 2010 North American Awards Ceremony in Washington, DC.

Firms awarded in MIP’s North American Awards ceremony “have been distinguished by their peers and clients for their exceptional cumulative achievements over the past year.”  Awards are given to firms who demonstrate the most “innovative and challenging IP work” and to “outstanding individuals driving the IP market at the highest level.” 

Jenner & Block and its Creative Content practice group have been involved in numerous cases that are on the cutting edge of copyright law.  The Firm represents Viacom in its high-profile lawsuit against YouTube and Google for “massive intentional copyright infringement” of Viacom’s works.  Over the past two years the practice group secured two high-profile victories on behalf of the Motion Picture Association of America and its motion picture studio members in connection with copyright infringement by operators of BitTorrent services.  The group also recently obtained a summary judgment ruling on behalf of a group of major recording companies in their copyright infringement lawsuit against a commercial USENET server operator.  Representing the first published decision finding a USENET operator liable for copyright infringement, Billboard Business News reported that, “the opinion will likely be cited as an important precedent in the fight against services that facilitate piracy.”

The firm’s Creative Content practice also continued its string of victories for content owners with a decision from the Second Circuit in favor of the estate of Elaine Steinbeck, widow of author John Steinbeck, putting to rest a decades-long dispute over the rights to Steinbeck’s classic literary works such as “Of Mice and Men” and “The Grapes of Wrath.”

The Creative Content group’s recent successes also includes litigating rate-setting proceedings before the U.S. Copyright Royalty Board (CRB) to ensure that copyright holders and artists achieve fair royalty rates when their creations are performed over the internet, via satellite, and over other media.  With hundreds of millions of dollars at stake over the rate periods, these proceedings are critically important to the affected industries.  The Firm is currently representing SoundExchange, Inc., the non-profit entity that collects royalty payments and distributes them to record companies and artists, in a proceeding to set the rates for non-interactive Internet Radio.  In prior CRB proceedings, the Firm helped SoundExchange obtain significant increases in the royalty rates paid by Internet radio webcasters and by satellite radio stations.

Partners Steven B. Fabrizio, Paul M. Smith and Andrew H. Bart serve as co-chairs of the Creative Content practice group that consists of the Washington, D.C. office's managing partner, Michael B. DeSanctis, and Partners Craig A. Cowie, Steven R. Englund, Katherine A. Fallow, Jared O. Freedman, David A. Handzo, Susan J. Kohlmann, Duane C. Pozza and Gianni P. Servodidio along with Associates Farnaz M. Alemi, Carrie F. Apfel, Anjan Choudhury, Michelle A. Groman, Carletta F. Higginson, Sarah A. Maguire, Joseph J. McFadden, Jonathan F. Olin, Luke C. Platzer and Sharmila Sohoni.

A full article featuring MIP awards for Jenner & Block was published in the May issue of Managing Intellectual Property.