Paul
Fakler

Pandora Media in group of copyright infringement cases coordinated by purported licensing collective, Word Collections, on behalf of alleged owners of the copyrights in jokes and comedy routines embodied in comedy sound recordings available on Pandora’s streaming service. In this case, the plaintiffs seek to disrupt decades of industry custom and practice by claiming that Pandora must separately license rights to the underlying jokes in addition to their existing licenses to stream the sound recordings. Paul served as head of a large, multidisciplinary team not only for Pandora’s defense of these actions, but also in counterclaims against the plaintiffs and Word Collections for violation of various antitrust laws.

Music Choice, the world’s first digital music service, in litigation brought by SoundExchange, alleging underpayment of statutory license royalties for Music Choice’s commercial background music service.

Several technology companies, from startups to a Fortune 500 semiconductor and software company, advising on the copyright issues raised by the training, commercialization, and use of artificial intelligence and other machine learning technologies.

The Television Music Licensing Committee in connection with negotiations and potential rate court litigation against various Performing Rights Organizations.

Bill Graham Archives, operator of the Wolfgang’s and Concert Vault music services, in class action copyright infringement litigation arising from allegations that the company failed to secure mechanical and synchronization licenses for on-demand streaming of its collection of live concert audio and video recordings on its websites.

Digital music service MediaNet in litigations brought by various songwriters and music publishers relating to mechanical license requirements, leading to favorable settlements.

MP3.com digital music service in various copyright infringement lawsuits brought by record labels and music publishers relating to music streaming service, including litigation of whether musical sound recordings are works made for hire under the Copyright Act.

Yahoo! in a copyright case brought by the recording industry, determining the eligibility of Yahoo!’s LaunchCast webcasting service for a statutory copyright license.

Symphonic rock band Trans-Siberian Orchestra in copyright infringement case relating to album art and band merchandise, leading to favorable settlement.

Scottish software developer in copyright infringement case brought by its competitor, one of the world’s largest ATM hardware and software companies.

Prominent law firm in copyright infringement case relating to computer software used to process specialized financial transactions, successfully reversing preliminary injunction on appeal to the Second Circuit.

Publications International, Ltd. in a case brought by the makers of Beanie Babies plush toys arising out of the publication of a Beanie Babies collector’s guide.

Several Virtual Private Network (VPN) service providers, including ExpressVPN and Private Internet Access, in bet-the-industry copyright litigation brought by a group of independent movie production companies in courts throughout the country, seeking to hold VPN providers liable for the alleged movie piracy of individual consumers using VPN services. Recently negotiated favorable settlement for two VPNs, while proceeding to litigation for another.

Major cosmetics company in connection with copyright infringement claims brought by major record and music publishing companies, based upon the posting or re-posting of videos that contain background music on social media accounts, including those by influencers and ordinary consumers.

Music Choice in connection with the current Preexisting Subscription Service license rate proceeding (SDARS IV) before the Copyright Royalty Board, as well as every prior rate proceeding for Music Choice since the creation of the CRB. Obtained the second rate decrease in the history of the CRB (and its predecessors) in same year when other licensees’ rates were increased by over 40%. Recently won appeal of ancillary issue before the D.C. Circuit, obtaining rare reversal of both the Register of Copyrights and the Board.

Trade association Orchestra Music Licensing Association (“OMLA”), representing the interests of symphony orchestras in connection with various music rights and licensing issues, including Performing Rights Organization license negotiations, the Copyright Office’s “technical measures” study, and disputes regarding the creation and use of custom orchestrations of popular music by “pops” orchestras.

Sirius XM Radio, Music Choice, Cincinnati Symphony Orchestra, and other music licensees in connection with the Department of Justice’s 2014-2015 and 2019-2021 reviews of the ASCAP and BMI consent decrees. In both review proceedings, Paul’s work resulted in DOJ closing the review without making any of the harmful changes requested by ASCAP, BMI, and music publishers.

Various digital music services and other music licensees in connection with the negotiation, drafting, and enactment of the Music Modernization Act, including assisting clients in preparing for testimony at congressional hearings, lobbying, and obtaining key changes in the legislation to advance clients’ interests.

Sirius XM Satellite Radio in the Webcasting IV royalty rate proceeding before the Copyright Royalty Board, resulting in the first royalty rate decrease ever granted by the Board or its predecessors.

National trade association for broadcasters and Music Choice in connection with Copyright Office music licensing policy hearings.

The unsecured creditors’ committee in the Cengage Learning bankruptcy, the largest Chapter 11 filing of 2013. Developed a novel copyright strategy that placed the liens on all the debtor’s copyrights at risk, leading to a significantly increased recovery for the unsecured creditors.

Sylvain Sylvain, founding member of seminal proto-punk band New York Dolls, successfully obtaining cancellation of trademark registration improperly obtained by David Johansen’s personal corporation.

Members of The Allman Brothers Band in litigation against UMG Recordings, Inc. for failure to pay royalties at the correct rate for digital downloads and other digital exploitation of several classic albums by The Allman Brothers Band.

Famous artist Greg Hildebrandt, in DMCA fraudulent takedown notice litigation.

First Niagara Insurance Brokers in $530 million trademark infringement action against First Niagara Financial Group.

Bill Graham Archives LLC with respect to various copyright, trademark, right of publicity, and other intellectual property disputes relating to the operation of its Wolfgang’s Vault website and exploitation of its rights to a large collection of sound recordings, poster art, and vintage rock and roll memorabilia.

Domain name registrar Register.com in obtaining a preliminary injunction, affirmed on appeal, stopping the defendant from harvesting customer data from Register.com’s WHOIS database.

An individual client in action to obtain subpoenas to trace identity of defendants who had posted defamatory statements on Internet forums.

A religious organization in a trademark action relating to the unauthorized use of the client’s trademark in a third-level domain name.

Caesar’s World, Inc. in one of the first in rem cases brought under the Anticybersquatting Consumer Protection Act.

Defeated preliminary injunction action brought by comedian Jackie Mason against a religious organization arising from the use of Mr. Mason’s name and likeness in a parody on a religious tract.