Litigation

Copyright Litigation

Gibson Dunn has litigated some of the most important copyright cases in U.S. history, including dozens of high-profile jury trials and landmark appeals dating back to the Supreme Court’s Sony v. Universal Pictures (the so-called “Betamax Case”), which set the ground rules for claims of secondary copyright liability.

Overview
Experience

Overview

Gibson Dunn’s Copyright Litigation Practice Group has been engaged in some of the most important cases of the past decade.

We are deeply involved in the questions of copyrightability and the scope of copyright protection in software, media and entertainment properties, and artificial intelligence. Our lawyers have a wealth of experience in handling high-profile matters involving copyright law, including high-profile trials and appeals in the circuit courts and United State Supreme Court. Gibson Dunn litigators obtained a $3 billion trial verdict in California Superior Court for Hewlett Packard against Oracle, in a long-running dispute over copyright licensing agreements related to software. And in 2019, Gibson Dunn won a case in the United States Supreme Court concerning the interpretation of the Copyright Act, named an Impact Case by Managing IP Handbook and #2 of the Top Ten Copyright Rulings of 2019.

As a result of our success and client-focused approach, the group, as well as many copyright litigators individually, are regularly recognized as industry leaders in top legal publications. Recent recognitions include Intellectual Property Group of the Year by Law360, partners named as Star in the Managing IP Handbook, and numerous other regional and nationwide recognitions.

We have extensive experience representing clients, including major entertainment companies, technology firms, publishers, artists, and content creators. Our clients span various industries such as film, music, television, software, publishing and digital media. The team has been involved in numerous high-profile copyright litigation cases. Our experience includes both defending against and prosecuting copyright infringement claims.

The firm’s copyright litigation practice covers a broad spectrum of issues, including:

Infringement Claims: Representing clients in cases involving allegations of unauthorized use of copyrighted works.
Fair Use: Defending clients in cases where the use of copyrighted material is claimed to be protected under the fair use doctrine.
Digital Rights: Handling cases related to digital copyright issues, including online piracy, streaming, and digital distribution.
Licensing Disputes: Representing clients in disputes over copyright licensing agreements and royalties.
Secondary Liability: Addressing issues of secondary liability, such as contributory and vicarious infringement.

Experience

Recent representations include:

American Multinational Technology Company: Successfully resolved three copyright infringement lawsuits alleging the willful infringement of copyrights of 100+ musical compositions in what marked the first time a court has held on summary judgment that a digital service provider’s reliance on contractual representations from its content providers can preclude a finding of willful infringement.
Viacom: Obtained reinstatement for client Viacom of its $1 billion copyright infringement suit against YouTube. In what Time magazine called “one of the most important Internet intellectual property cases of the last decade,” the Second Circuit vacated the district court’s grant of summary judgment and reinstated Viacom’s suit. The Second Circuit adopted constructions of the Digital Millennium Copyright Act’s safe harbor defense advanced by Gibson Dunn.
Facebook: Represented Facebook and Oculus as appellate counsel at trial and in post-trial proceedings after a $500 million adverse jury verdict for copyright infringement, violation of the Lanham Act, and breach of contract; persuaded the district court to set aside $250 million of the verdict.
Jerry Seinfeld: Secured dismissal with prejudice, and Second Circuit affirmance, for comedian Jerry Seinfeld of a copyright lawsuit in the Southern District of New York targeting his hit Netflix show Comedians in Cars Getting Coffee. The plaintiff, whom Mr. Seinfeld hired to direct the show’s pilot, alleged that Mr. Seinfeld stole the concept for the show and that he — not Seinfeld —was the owner of the show’s copyrights. The plaintiff also sued Netflix and Sony Pictures Television for their role in the show’s production and distribution. The district court agreed with Gibson Dunn’s arguments that the copyright claims were time-barred and nothing more than an opportunistic, meritless attempt to capitalize on Mr. Seinfeld’s success. The Second Circuit affirmed on the same grounds. Law360 named the district court case among its “Top 10 Copyright Rulings of 2019.”
Hewlett-Packard: Obtained a $3 billion trial verdict for Hewlett-Packard, the highest verdict in California for the year, in a long running dispute over copyright licensing agreements related to software. Hewlett-Packard Co. v. Oracle Corp.
Yahoo and AOL: Secured dismissal with prejudice of trademark claims (affirmed on appeal) brought by Evox Productions, an automobile imaging company, and resolution of copyright claims based on defendants’ alleged continued display of Evox images after a license agreement between the parties terminated.
LiveJournal: Secured an important victory for LiveJournal in a copyright infringement suit brought by a celebrity photography agency. The case arose when several dozen celebrity photographs were posted by users of the LiveJournal community, Oh No They Didn’t! (ONTD!). The Central District of California granted summary judgment in favor of LiveJournal that service providers who provide an online platform for users are entitled to protection under the Digital Millennium Copyright Act’s safe harbor provision.
Rimini Street: Obtained unanimous reversal of the Ninth Circuit’s judgment which had erroneously awarded $12.8 million in expert witness fees, jury consulting fees, and other non-taxable litigation expenditures as part of the “full costs” available under the Copyright Act, 17 U.S.C. § 505. Named by Law360 as #2 of the Top Ten Copyright Rulings of 2019.
Founder of Commerce Bank and Metro Bank: Successfully represented client Vernon W. Hill II, founder of Commerce Bank and Metro Bank, in overturning a nationwide copyright injunction obtained by the owners of his former bank, T.D. Bank, which sought to prohibit the sale and marketing of his book, Fans! Not Customers: How to Create Growth Companies in a No Growth World. The Third Circuit reversed and vacated the injunction, agreeing with Gibson Dunn that TD Bank was not entitled to injunctive relief based on generalizations about TD Bank’s interest in exclusivity in its copyright, and could not show how the bank would be harmed since it did not make any commercial use of the work at issue.
Software Company: Lead counsel for a computational software company in breach of contract and copyright infringement action currently pending before the Hong Kong International Arbitration Centre (HKIAC); successfully resolved similar case.