Paul Fakler

Partner

New York


Read full biography at www.orrick.com

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.

Counseling

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.

Government Relations

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.

Posts by: Paul Fakler

A Brie-f Tale of Copyright and Cheese to Share at Thanksgiving Dinner

Opinion, Levola Hengelo BV v Smilde Foods BV, Case C-310/17  

In an unfortunate queso failed copyright claims, Levola Hengelo, a Dutch food processor of once Humboldt beginnings, has lost a court case in which it attempted to enforce copyright protection in the taste of its cheese product, Heks’nkaas.

Levola had become salty after a competitor, Smilde Foods, started raking in the cheddar by selling cheese spread with a similar taste. Levola brought claims against Smilde for infringing alleged copyright in the taste of Heks’nkaas. READ MORE