Ostrager Chong Flaherty & Broitman P.C.

Copyright & Misappropriation

OCFB is at the forefront of copyright law and the convergence of computer, software, data, news, social media, and content creation. OCFB’s copyright practice involves opinion work, advice, commercialization, and protection of artistic works including literary works, both print and online; visual works, including photography; as well as news data and information.

The firm provides a full range of services and strategic advice pertaining to the registration, valuation, and enforcement of copyright rights and assets. We have prepared, filed, and advised on copyright registrations in the U.S. and in foreign countries for a variety of artistic works. We have also counseled clients related copyright and IP doctrines such as “Fair Use,” parody, use of name & likeness, libel, and publicity rights.

The firm is also at the cutting edge in the application of copyright issues in technology. Our transactional practice regularly works with copyright assets such as software and data, in licensing, web & software development, and other IP agreements. We have counseled and advised companies in issues pertaining to use of blockchain applications and nonfungible tokens (NFTs). We’ve also filed computer chip mask work registration applications, covered under copyright law in the U.S.

OCFB has also been involved on the forefront of another important area of the law in financial news reporting: the aggregation and misappropriation of news data. Otherwise known as the “Hot News” Doctrine, this area has received press and substantial interest and scrutiny by the news community.

Working with our client, Theflyonthewall.com, a news aggregator that reports stock recommendations by various Wall Street institutions, our firm was able to obtain a Court of Appeals ruling that allowed our client to continue to aggregate and publish its financial information.