Protect Your Creative Capital: Copyright Counsel For Silicon Valley And The Bay Area

A single copyright dispute can derail years of creative work and financial investment. Whether you are trying to stop someone from exploiting your work or you have been accused of infringement, you need a strategy that navigates federal law with precision – and protects what you have built.

I’m attorney Larry Townsend. I have spent more than 40 years representing creators, innovators and businesses throughout Silicon Valley and the Bay Area in complex intellectual property matters. If your situation involves ownership questions, licensing problems, online misuse, publishing disputes or federal litigation, I can help you evaluate your options and move forward with a plan.

Request a consultation or call 415-906-2792.

Why Work With Larry Townsend

Copyright law is personal for people who create. I understand that firsthand – only as an intellectual property lawyer, but also as a published author. I know the emotional and financial weight tied to original work, and I approach each matter with the same seriousness I would expect if my own writing were on the line.

• Deep experience: 40-plus years handling intellectual property matters, including disputes in state and federal courts
• Bay area perspective: Practical counsel for startups, software and media companies, authors, artists, designers and other creators
• Strategy first: Clear guidance aimed at protecting value, reducing risk and positioning you well if litigation becomes necessary

When you work with me, you get straight answers, careful analysis and a plan that fits your goals – whether that means stopping infringement, defending a claim or putting the right agreements in place to prevent future disputes.

Strategic Copyright Solutions For Creators And innovators

In a fast-moving digital economy, copyright issues rarely stay small. A cease-and-desist letter, takedown notice or contract dispute can quickly affect revenue, reputation and your ability to keep distributing your work. I provide guidance across a full range of copyright concerns, from early advice and documentation to high-stakes enforcement and defense.

Copyright Litigation: Enforcement and Defense

Copyright disputes are rarely simple. Even when infringement feels obvious, the opposing side may raise defenses such as fair use, independent creation, lack of access or public domain arguments. If you are facing a claim – or considering bringing one – I help you assess the facts, evaluate the legal risks and build a litigation-ready strategy.

• Enforcement and defense: Guidance in federal copyright disputes, from early evaluation through litigation when needed
• Ownership disputes: Clarifying who holds the rights (author, employer, contractor, co-author, assignee) before things get expensive
• Substantial similarity issues: Analyzing what is actually protected expression versus unprotectable ideas or functional elements
• Fair use and public domain: Navigating the gray areas of federal law with careful, case-specific analysis
• Remedies and leverage: Planning for injunctions and monetary recovery, including statutory damages when available

The earlier you understand your leverage and your risk, the more control you typically have over the outcome. I help you make informed decisions at each stage – before positions harden and costs escalate.

Publishing Law: Protecting Authors And Their Rights

Publishing and content agreements can shape a creator’s rights – and income – for years. I help authors and rights holders understand what they are signing, what they are giving up and what negotiating points matter most. If you are already bound by an older agreement that is no longer working, I can advise you on potential options to regain control of rights.

• Agreement review and negotiation support: Helping you understand rights grants, term, territory, royalties, option clauses and reversion language
• Rights reversion counseling: Evaluating whether there may be grounds to reclaim rights from nonproductive or “zombie” agreements
• Dispute avoidance: Clarifying approval rights, attribution/credit, derivative works and other issues that commonly trigger conflict

My goal is to help you protect your body of work, preserve long-term flexibility and avoid signing away leverage you may not realize you have.

Learn more about publishing law.

Copyright Transactions: Licensing, Work-For-Hire And Proactive Risk Management

The best way to win a lawsuit is to prevent it. Strong agreements – done early – reduce ambiguity about ownership and permitted uses, and they can preserve business relationships. I help clients draft and implement sound agreements involving licensing, work-for-hire, assignments and other copyright transactions.

• Licensing agreements: Drafting permissions that match real-world distribution (web, apps, SaaS, social media, broadcast, print) and address payment, scope and enforcement
• Work-for-hire clarity: Structuring contractor and employee arrangements to reduce surprises about who owns what
• Assignments and transfers: Supporting investments, acquisitions and collaborations with clear chains of title
• Practical documentation: Helping you build records that matter later if ownership or originality is challenged

Well-drafted documents are not just “paperwork.” They are a practical tool to reduce uncertainty, protect revenue and put you in a stronger position if a dispute arises later.

Learn more about copyright transactions.

My role is to take the guesswork out of federal copyright law so you can stay focused on creating, building and doing business.

Send an online inquiry or call 415-906-2792 to schedule a consultation.

Answering Your Frequently Asked Questions About Copyright Law

If you are struggling with a copyright issue, you probably have questions. Below are answers to common questions I hear from clients. Every situation is different, and the details matter. For advice about your specific circumstances, I invite you to schedule an initial consultation.

What can be copyrighted?

Copyright is available under 17 U.S.C. § 102 for “original works of authorship” that are “fixed in any tangible medium of expression.” In practical terms, copyright can protect many types of creative output – from written content and software to photographs, music, video and visual art – as long as it reflects original expression and is captured in a fixed form.

• Literary works
• Musical works, including any accompanying words
• Dramatic works, including any accompanying music
• Pantomimes and choreographic works
• Pictorial, graphic and sculptural works
• Motion pictures and other audiovisual works
• Sound recordings
• Architectural works

“Original” generally means the work was created by the author and not copied from someone else. Copyright does not protect ideas, systems, methods or procedures. (See 17 U.S.C. § 102(b).) In other words, copyright typically protects the expression of an idea – not the idea itself.

What exactly are the rights of copyright?

Under 17 U.S.C. § 106, the copyright owner has the exclusive right to do – or authorize others to do – certain acts. These rights are often at the center of disputes involving online distribution, re-posting, adaptations, sampling and commercial reuse.

• To reproduce the copyrighted work in copies or phonorecords
• To prepare derivative works based on the copyrighted work
• To distribute copies or phonorecords of the copyrighted work to the public by sale, transfer of ownership, rental, lease or lending
• For certain works, to perform the copyrighted work publicly
• For certain works, to display the copyrighted work publicly

Because these rights can be licensed, shared or transferred, many copyright disputes turn on the underlying contract language and the scope of what was actually authorized.

What is a work made for hire?

The phrase “work made for hire” has a specific legal meaning under 17 U.S.C. § 101. It generally refers to (1) a work prepared by an employee within the scope of employment, or (2) a work specially ordered or commissioned for certain defined categories of works, but only if the parties expressly agree in a signed writing that it is a work made for hire.

This issue matters because ownership can turn on whether a relationship is employee vs. contractor, whether the work fits within the statutory categories, and whether the agreement was drafted properly. If it is a valid work made for hire, the hiring party is treated as the author and owner. If not, the creator may retain ownership unless there is a valid written assignment.

What is a copyright infringement?

Copyright infringement generally involves unauthorized copying of protected expression. Many disputes center on whether the accused party had “access” to the original and whether the two works are “substantially similar” in the protectable elements. It is also possible for two people to create similar works independently; in those situations, even strong similarity may not equal infringement if there was no copying.

What are the remedies for copyright infringement?

Remedies can include an injunction (to stop the conduct) and monetary recovery. Under 17 U.S.C. §§ 503 and 504, a copyright owner may seek actual damages and/or an infringer’s profits in appropriate cases. Alternatively, statutory damages may be available and can be significant – potentially up to $150,000 per infringed work for willful infringement.

In addition, attorneys’ fees and costs may be awarded under 17 U.S.C. § 505 in certain circumstances. Because remedies can depend heavily on timing (including registration timing), it is wise to seek legal advice sooner rather than later.

Is it necessary to register a copyright?

Copyright arises at creation; registration is not required to own the copyright. However, registration can provide major advantages. Under 17 U.S.C. § 411, registration is generally required before an infringement lawsuit can be filed. Timely registration may also affect whether statutory damages and attorneys’ fees are available. (See 17 U.S.C. § 412.)

If you believe infringement is happening – or you are concerned a dispute may be coming – registration timing can become an important strategic issue.

Schedule A Consultation With A Bay Area Copyright Lawyer

If you are dealing with a copyright dispute, don’t wait to get answers. A short conversation can often clarify what matters most: what rights you have, what risks you face and what steps are worth taking next.

I am available for initial consultations by appointment. To schedule an appointment, call my office at 415-906-2792 or use my online form.