DOJ Opens New Review of ASCAP and BMI Consent Decrees and Sets July 10 Deadline for Public Comment
Copyright attorney Paul Fakler works at the intersection of music, technology and business. He draws upon two decades of copyright, computer, and music industry expertise to help streaming, media and software companies advance their business.
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 experience handling copyright royalty rate-setting proceedings, including proceedings before the Copyright Royalty Board and the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music, Inc., (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.
Paul has been listed in Chambers USA since 2013 for the practices of Trademark and Copyright, with clients describing Paul as having "tremendous expertise and knowledge; he does an excellent job representing our interests." He has also been ranked in Managing Intellectual Property’s “IP Stars” guide and The Legal 500 each year since 2013. In 2016, Paul was named a WIPR leader by World IP Review.
He is a member of The Copyright Society of the USA and the International Trademark Association. Paul frequently lectures on issues related to copyright, entertainment, and Internet law, and has appeared on television and in the press, commenting on the latest intellectual property issues. Paul previously served as chair of the New York State Bar Association Intellectual Property Law Section, co-chair of the Copyright Committee and a member of the Entertainment, Arts and Sports Law Section.
Prior to law school, Paul worked in the multimedia software development field and taught English composition and film studies at the University of Florida. His undergraduate training was in philosophy, with an emphasis on continental and post-structuralist philosophy. He pursued graduate studies in literature and film studies, focusing his research on the impact of electronic forms of communication on human cognition.