Paul Fakler

Paul Fakler is a trusted advisor and first-chair litigator who counsels and helps favorably resolve disputes for companies in the streaming, broadcasting, media, software, and other industries. Paul offers clients representation guided by a deep understanding of the intersection between music (and other copyright-protected works), technology, and his clients' business objectives. He frequently speaks and publishes on legal developments in these fields and has over twenty-five years of experience litigating seminal cases involving the application of copyright and related law to digital media. Paul has been recognized for his client work as a leading copyright, media, and entertainment lawyer by independent client and peer-reviewed publications including Chambers USA, Billboard Magazine, the Legal 500, Managing Intellectual Property, and World Intellectual Property Review.

Although he assists clients with issues across many types of creative content, Paul has particularly extensive experience resolving copyright issues relating to music, where clients operating at the cutting edge of technology require equally innovative legal representation. Paul offers creative solutions based on his comprehensive understanding of copyright law and technology through counseling, government relations, and – when necessary – litigation.

As an experienced copyright lawyer and former software developer, he is also proficient in software copyright litigation and has been advising clients regarding copyright issues related to machine learning and artificial intelligence technologies for over a decade. He is one of the few lawyers in the country with extensive first-chair experience before the Copyright Royalty Board and other royalty rate setting venues and has obtained for his clients the only two rate reductions ever granted by the Copyright Royalty Board and its predecessor agencies.

His experience spans many issues, including:

• Copyright issues implicated by the training and use of artificial intelligence and other machine learning
• Digital media and other technologies
• Music licensing and copyright royalty rate litigation
• Royalty audits and payment disputes
• Copyright infringement disputes
• Fair use and other defenses
• The DMCA and its safe harbor for online service providers
• Copyright policy matters
• Government affairs