Privacy and Data Security
Intellectual Property and Technology | PrivacyOur Privacy and Data Security practice helps organizations build compliant privacy programs, respond to data breaches, and navigate the complex global landscape of data protection regulation.
Overview
Protecting Data and Managing Privacy Risk
Data privacy and security have become critical business concerns as regulatory requirements intensify and cyber threats proliferate. MC Law's Privacy and Data Security practice helps organizations protect sensitive information, comply with privacy regulations, and respond effectively to security incidents.
Privacy Compliance Programs
Effective privacy requires comprehensive programs. We help organizations build privacy compliance frameworks addressing GDPR, CCPA, and other privacy laws.
Data Security
Robust security protects data and reduces breach risk. We advise on security program development, policy creation, vendor security requirements, and regulatory compliance.
Breach Response
Security incidents require rapid, coordinated response. We provide breach response counsel, coordinate forensic investigations, manage notification obligations, engage with regulators, and defend resulting litigation.
Our Services
intellectual_property_and_technology
Federal registration and validity opinions
information_technology
Federal registration and validity opinions
internet
Federal registration and validity opinions
litigation
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
This depends on your industry, data collected, and where you operate. Common frameworks include GDPR, CCPA, HIPAA, GLBA, and various state laws.
Yes, if you collect personal information from consumers. Privacy policies must accurately describe your data practices and include required disclosures.
Laws require notifying affected individuals and regulators when personal data is compromised. Requirements vary by jurisdiction with strict timing obligations.
GDPR applies if you target EU residents or monitor their behavior. Compliance requires lawful basis for processing, data subject rights procedures, and potentially a DPO.
Data processing agreements are required with vendors handling personal data, specifying security requirements, permitted uses, and breach notification obligations.
Regular reviews ensure ongoing compliance as laws, technology, and business practices evolve. Annual audits are good practice; more frequent for high-risk 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
