Copyright attorney Paul Fakler works at the intersection of music, technology, and business. He draws upon over two decades of experience litigating some of the seminal cases applying copyright and related law to new media and technologies to help streaming, broadcasting, media and software companies advance their business objectives. One of the few attorneys in the country with significant first-chair experience before the Copyright Royalty Board and other royalty rate setting venues, his experience spans many other issues, including music licensing, royalty audits and payment disputes, copyright infringement, fair use and other defenses, the DMCA and its safe harbor for internet service providers, copyright issues relating to artificial intelligence, copyright policy matters, and government affairs. Paul has been ranked by Chambers USA and other independent ratings organizations as a leading copyright practitioner continuously since 2013, and frequently speaks and publishes on legal developments in the fields of copyright, music, and technology.
Although he assists clients with issues relating to many different types of content, Paul has especially deep experience in the music industry as it has adapted to fundamental changes brought by digital media. As music evolves into a cutting-edge digital industry, those businesses require an equally innovative legal approach. Paul offers creative ways to adapt copyright laws to the latest technology, through litigation, counseling and government relations. He has devoted his practice to this unique field, as well as to handling software copyright litigation, a natural fit given his experience as a copyright lawyer, former software developer and amateur musician.
Litigation & Licensing
He has litigated numerous high-profile copyright cases involving digital media, copyright and the Internet. He routinely represents digital music services, as well as other media and software companies, in negotiations and disputes with record labels, music publishers, and other rights holders. His clients in these ground-breaking cases have included MP3.com, Yahoo!, Veoh, MediaNet, Sirius XM Radio, Bill Graham Archives, and Music Choice.
Paul is one of the few attorneys with significant first-chair experience handling copyright royalty rate-setting proceedings, including proceedings before the Copyright Royalty Board and the ASCAP and BMI rate courts. He obtained the only two royalty rate reductions ever granted by the Copyright Royalty Board (or its predecessors).
Paul also routinely represents clients in bet-the-company copyright infringement litigation across many industries, often making new law on issues such as the DMCA safe harbor and fair use.
Paul counsels clients with respect to copyright, trademark, right of publicity, entertainment, computer, and Internet law issues in diverse industries including the music, motion picture, publishing, software development, and digital media industries.
He also advises on strategies for shaping copyright policy and represents clients’ interest before government entities that impact the copyright ecosystem, such as Congress, the Copyright Office, and the Department of Justice.