Linda Zirkelbach has extensive experience representing clients in a range of intellectual property (IP) matters, with a focus on leading IP enforcement actions for major companies, publishing law, strategic IP counselling and clearance work, digital media and rights issues, and trademark strategy and disputes. Linda regularly counsels clients on complex copyright and trademark issues; litigates in the areas of copyright and trademark; negotiates and drafts copyright and trademark license agreements, publishing agreements, and other IP agreements; and reviews and clears publications and other productions prior to launch. Linda spent more than nine years as in-house counsel and, having been a client herself, prides herself on being strategic, practical, and clear in her advice. She has particularly deep experience in digital or on-line infringement and anti-piracy (with significant experience in complex DMCA issues). Linda's primary areas of focus are based on her significant experience as in-house counsel. After beginning her career as a Venable associate, she was then vice president, legal affairs, for the Recording Industry Association of America, where she was actively involved in high-profile copyright litigation for the major U.S. record companies. She later became vice president and general counsel of a leading publishing and media company and handled not only all intellectual property issues, but also a broad spectrum of corporate, commercial matters and strategic business matters.
Linda has represented clients in a range of industries, including music, book and magazine publishing, entertainment, software, digital media, alcoholic beverage and restaurant services, trade associations and nonprofits, university/higher education, and consumer goods. Linda has represented clients before federal courts across the country, the U.S. Patent and Trademark Office, the Trademark Trial and Appeal Board (TTAB), and the U.S. Copyright Office.
She also recently served as the general counsel and a board member to Women in Technology.
Companies, and their lawyers, go to great lengths to protect their intellectual property, as they should. But a new trend may have emerged – the granting of a free licence, for a limited duration, to help with the COVID-19 battle. Granting such a licence is a bold step. Companies should consider the issues relevant to them and enlist counsel as appropriate.
The US Copyright Office recently issued the long-awaited and first comprehensive government study on the 20-year-old Section 512 of the Copyright Act. The 250-page study contains an incredibly thorough and well-done analysis of the current law in this area, the learned challenges of this provision and the viewpoints of various stakeholders with regard to some of the challenges that exist with Section 512. This article aims to provide a brief overview of the study's key findings.
Absent a few limited exceptions, the use of someone else's music without their permission is an infringement on their copyright. This article sets out some fundamentals to assist in determining the type of licence that an average company would need and some potential alternatives. The bottom line when planning and budgeting for music in a project is to get the proper rights and permissions in place before pressing 'play'.