Copyrights and Wrongs

0

Thomas Jefferson, a lawyer himself, never bought into the idea of intellectual property. Jefferson believed an idea is the property of a person only as long as he keeps the idea to himself, but “the moment it is divulged, it forces itself into the possession of everyone, and the receiver cannot dispossess himself of it.”


Don’t tell that to the Los Angeles lawyers who have helped turn intellectual property into the hottest department in law firms across the city.


Don’t tell it to Russell Frackman, who represented the music industry in its landmark case against onetime music-sharer Napster. Or Adrian Preutz, who argued in court against the University of California’s claim to a universal patent for hormones that makes cows deliver more milk. Or Morgan Chu, who defends TiVo’s right to keep its playback software. Or Jay Cooper, the guardian of Frank Sinatra’s songbook.


Such lawyers have allowed the courts and by extension the citizenry to play a role in the dollar-driven wrestling match between artists and businesspeople who want to keep their intellectual work from techies and others who contend that the public’s right to benefit from scientific developments trumps any copyrights.


Working in intellectual property means that attorneys are always venturing into uncharted territory. And all the top lawyers interviewed for this special section admit that the law is trailing technology. It’s not even close, they say.


As a result, intellectual property will be a hot area for lawyers for years and will enrich many L.A. attorneys as the long fight unfolds.


The decisions made in court today will shape our lives for decades, as will the technological innovations that are being litigated. There are no easy answers in this murky arena, and often positions are changed because the boundaries of intellectual property rights keep shifting.


For that matter, if Thomas Jefferson had TiVo hooked up, he might have changed his mind.

No posts to display