Jenner & Block

Entertainment and New Media Practice Featured in Counsel to Counsel Magazine

Jenner & Block’s Entertainment & New Media practice and its recent court successes on behalf of copyright holders was recently the subject of a feature story in Counsel to Counsel.

The April 2007 article quoted Thomas J. Perrelli, managing partner of the D.C. office and co-chair of the Entertainment and New Media Practice, as saying that “the latest court decisions are defining the balance between what is fair to copyright owners and what will preserve the creativity that is at the heart of the new media industry.”

Steven B. Fabrizio, co-chair of the practice, told Counsel to Counsel that recent court cases, many of them pursued by Jenner & Block on behalf of its clients, say clearly that “business models that exploit others’ copyrighted material will no longer be able to hide behind the form of any particular technology.”

The feature article discussed the firm’s 2005 Supreme Court victory in Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., which held that the Grokster file-sharing service can be liable for copyright infringement because it induced the massive infringement of copyrighted songs, movies, and other creative works that its software facilitated.

The article also pointed out that Grokster is “the beginning, not the end of litigation concerning copyright infringement over the Internet” and that copyright owners “continue to seek to enforce their rights against those who exploit copyrighted works without a license or who exceed the bounds of their licenses.”

The article quoted Perrelli as saying, “At bottom, if copyright owners cannot protect what they own, what really does ownership mean?”

Last year, according to the article, Fabrizio worked with the firm’s clients to achieve what is believed to be the largest copyright infringement settlement in history, resolving a long-standing litigation against the operators of Kazaa, a file-trading network.

Counsel to Counsel is distributed as a supplement to Inside Counsel, a Chicago-based monthly. It is published by LexisNexis Martindale Hubbell.

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