Information Technology
Intellectual Property and Technology | Information TechnologyOur Information Technology practice advises on the legal issues arising from technology procurement, development, and deployment, including software licensing, cloud computing, outsourcing, and IT governance.
Overview
Legal Counsel for Technology Operations
Technology is central to modern business operations. MC Law's Information Technology practice helps clients navigate the complex legal issues that arise in procuring, developing, deploying, and managing technology systems and services.
Software and Technology Licensing
We structure and negotiate the full range of software and technology agreements. Our services include enterprise software licenses, SaaS and cloud agreements, technology development contracts, maintenance and support arrangements, and reseller and distribution agreements.
Cloud Computing
Cloud adoption raises distinctive legal considerations. We advise on cloud service agreements, addressing service levels, data location, security requirements, business continuity, and exit rights.
IT Outsourcing
Outsourcing technology functions requires careful structuring. We negotiate managed services agreements, business process outsourcing deals, and infrastructure outsourcing arrangements.
Our Services
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Federal registration and validity opinions
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Federal registration and validity opinions
internet
Federal registration and validity opinions
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Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
Software licensing involves questions of scope of use, restrictions, ownership of customizations, warranties, indemnification, data rights, and compliance obligations. Poorly structured licenses can expose businesses to significant financial and operational risk.
Key considerations include data security and privacy obligations, service level agreements, data portability, business continuity, liability limitations, compliance with industry regulations, and exit provisions in case you need to switch providers.
IT outsourcing agreements should address scope definition, performance standards, IP ownership, data protection, transition planning, dispute resolution, and termination rights. Due diligence on the vendor's capabilities and financial stability is also critical.
IT governance establishes frameworks for technology decision-making, risk management, and regulatory compliance. Strong governance reduces legal exposure from data breaches, regulatory violations, and system failures while supporting business objectives.
Technology procurement raises issues around specifications and acceptance testing, warranties, intellectual property rights, data migration, integration requirements, vendor lock-in, and compliance with procurement regulations in regulated industries.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
