Communications

Copyright

Mintz Levin regularly assists clients in navigating the copyright laws and regulations that affect traditional and over-the-top video programming distributors. Mintz Levin’s communications group is the premier practice representing cable operators on the cable compulsory license. Our attorneys prepare or review the semiannual Statements of Account for multiple cable operators, advise on responses to inquiries from the US Copyright Office, and assist operators in navigating the Statement of Account “audit” process. We also represent the cable industry in proceedings and negotiations before the Copyright Royalty Judges and the Copyright Office for adjustments to the royalty rates and updates and revisions to the Statements of Account.

More broadly, Mintz Levin attorneys regularly counsel video programming distributors on DMCA immunity, fair use, ephemeral reproductions, and numerous other concerns raised in the retransmission of copyrighted works. Our depth of experience in and knowledge of the video programming industry gives us the unique ability to provide clients with well-rounded and business-sensitive advice on the copyright laws affecting distributors.

Representative Experience

Cable Compulsory License

  • Advise and assist major MSOs with their semi-annual compulsory license filings, including preparation of filings and responding to Copyright Office letters of inquiry.
  • Represented major MSOs in first-ever “audits” of compulsory license statements of account.
  • Represented cable industry associations in negotiations for adjustments of cable compulsory license rates.

DMCA

  • Prepared comments for cable industry association in Copyright Office DMCA “safe harbor” inquiry
  • Counsel cable operators on DMCA obligations.

General Copyright

  • Advise cable operators on copyright issues related to Internet-delivery of video programming

Legislation

  • Advise cable industry associations and operators on legislative proposals related to Copyright Office organization and substantive changes to Copyright Act.