Banner Witcoff routinely secures copyright registrations for software and multimedia assets across industries. We assist software developers with copyright registrations for enterprise software and video games, including clients such as CD Projekt Red, Wargaming.net, Jagex Limited, and Trane Industries. We have registered copyrights for commercial software, game artwork, code, and immersive elements in titles involving blockchain, networking, and user interfaces.

We have obtained hundreds of copyright registrations for original visual works, including merchandise designs and graphical user interfaces (e.g., Microsoft’s first 3D GUI design patent with copyright overlays). We handle audiovisual copyrights for animation, storylines, and content in entertainment, securing protections for artwork, media, video/film studios and media productions worldwide.

As plaintiffs’ counsel, we have secured injunctions, damages, and domain seizures in software and gaming disputes. These victories underscore our success in protecting software integrity in massive multiplayer online games (MMOGs), where copyrights safeguard code, graphics, and user experiences.

Banner Witcoff also robustly defends clients accused of infringement, particularly in music licensing and performance rights disputes. We have led numerous litigations against performance rights organizations (PROs) like ASCAP, focusing on fair use and licensing defenses. We have defended venue operators and content creators involving ASCAP alleging of unauthorized public performances of copyrighted music.

Drawing on expertise in copyright counseling, we challenge overreach in licensing demands, securing dismissals or favorable settlements by asserting defenses like implied licenses or de minimis use. We have defended multiple clients in cases brought by copyright trolls such as Malibu Media, successfully minimizing damages as well as minimizing the impact and stigma of these cases on the defendants’ ongoing concerns.

Banner Witcoff also represents clients in transactional matters involving copyrights, including licensing music for video games and corporate events, acting as outside counsel for the use of open-source software by commercial entities, and assisting with software licensing for commercial partnerships. 

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