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2017 CSUSA Midwinter Meeting Agenda

2017 Mid-Winter Meeting Agenda

All panels and events take place at the Napa Valley Marriott, unless otherwise noted. We hope you can join us!
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  Thursday, February 9

TIME EVENT LOCATION
12:00 - 2:00 PM
Please note new start time
International Chapter Lunch (Separate Ticket Required - Add to Registration at Checkout)

Copyright in the EU: The Role and Influence of the
European Court of Justice 

The European Court of Justice (ECJ) is the highest court in the European Union, charged with interpreting matters of EU law and ensuring its equal application across all EU member states. In recent years, the ECJ has had a growing influence on the evolution of copyright law in Europe, with often controversial decisions on fundamental matters under the EU Copyright Directive. Join Silke von Lewinski, one of the world's leading experts on international copyright law, in conversation with CSUSA Past President Eric Schwartz, as they review key developments from the ECJ and weigh their influence on copyright law in the EU and beyond. 

Panelists:

Prof. Dr. Silke von Lewinski, Senior Research Fellow, Max Planck Institute for Intellectual Property (Munich)
 
Eric J. Schwartz, Partner, Mitchell Silberberg & Knupp LLP (DC)

 

 Syrah/Merlot Rooms
2:00 - 5:00 PM Registration Desk Open TBA
2:00 - 4:00 PM
CSUSA Executive Committee Board Meeting
TBA
5:00 - 5:30 PM

First-Time Attendee Reception

New to the Copyright Society? Join other newcomers and CSUSA hosts at this pre-reception gathering.

TBA
5:30 - 7:00 PM

Welcome Reception & Excellence in Creativity Award Presentation

Join us in honoring 2017 Excellence in Creativity Award Recipient
Frans Lanting. Cocktails and hors d'oeuvres will be served. Guest
tickets available.

TBA

  Friday, February 10
   
8:00 - 9:00 AM
Breakfast
TBA
8:00 - 9:00 AM
CSUSA Membership Committee Meeting
TBA
9:15 AM
Welcome
Nancy Wolff, CSUSA President

TBA
9:30 - 10:30 AM

Session 1
The Safe Harbor’s Choppy Waters:
Developments in Section 512 Practice

Several recent cases have explored the nature and scope of the safe harbor provisions of Section 512. Meanwhile, the Copyright Office has undertaken an extensive study of the current notice-and-takedown scheme with an eye toward proposing improvements or alternatives. This panel will explore the current state of the DMCA’s safe harbor in light of recent litigation, examine how the notice-and-takedown system works in practice, and discuss ways the system may be improved, legislatively or otherwise.

Panelists:

Joseph Gratz, Durie Tangri LLP 

Kelly M. Klaus, Partner, Munger, Tolles & Olson

Joe Waz, Senior Strategic Advisor, Comcast Corporation

Senior Counselor, Creative Content Protection, NBCUniversal


Moderator:

Catherine Rowland, Senior Advisor to the Register of Copyrights, United States Copyright Office


10:30 - 11:00 AM
Coffee Break
TBA
11:00 AM - 12:00 PM

Session 2
Strategic Options When Prosecuting or Defending Copyright Litigation and When Navigating the Fair Use Quagmire

The Internet continues to generate a significant amount of copyright litigation. Some of these cases raise cutting edge issues concerning infringement, the boundaries of fair use, safe harbor protection, and damages. There are also a growing number of garden variety cases where the demand for substantial compensation makes those cases difficult to resolve quickly.
 
If you are a plaintiff with a meritorious claim, how can you prudently prosecute your case with a limited budget? If you are a defendant facing massive exposure or responding to an unrealistic demand, how can you effectively defend the case? Further, when prosecuting or defending what techniques and strategies might bring the case to an early resolution? Finally, when fair use issues are involved, how should the respective parties be guided?

Those are some of the issues the panel will discuss and debate in an interactive dialogue with Mid-Winter attendees. Please join us.

Panelists: 
Naomi Gray, Shades of Gray Law Group, P.C.

David Leichtman, Partner, Robins Kaplan LLP

Edward Rosenthal, Frankfurt Kurnit Klein & Selz

Moderator: 
Andrew Berger, Tannenbaum Helpern Syracuse & Hirschtritt

 

12:00 - 12:15 PM Break  
12:15 - 1:15 PM

Session 3
The Wright Stuff: A Guide to Video Gaming Law

Learn how to be an Ace Video Game Attorney. This panel explores IP issues in the gaming industry from game development and distribution to interactions with users.

Panelists:
Dave Green, Assistant General Counsel for IP Policy, Microsoft

T. L. Taylor, Professor of Comparative Media Studies, MIT

Moderator:
Jennifer Kelly, Partner, Fenwick & West


1:30 - 2:30 PM

Lunch & Keynote by Pamela Samuelson
"The Entrenched Irrationality of Statutory Damages in U.S. Copyright Law"

TBA
 3:00-4:00 PM

Wine Tasting presented by Whetstone Wine Cellars
(Separate Ticket Required - Add to Registration at Checkout)

Napa Ballroom
4:15 PM Shuttle to Reception - Meet in Main Lobby Area  
 4:30 - 6:30 PM Black Stallion Winery Cocktail Reception (transportation provided) 4089 Silverado Trail, Napa, CA 94558 
 6:30 PM Dinner On Your Own  

  Saturday, February 11
     
8:00 - 9:00 AM
Breakfast
TBA

8:00 - 9:00 AM
CSUSA Chapter Chair Meeting

TBA
9:15 AM Opening Remarks
Nancy Wolff, CSUSA President


TBA
9:30 - 10:30 AM

Session 1
TMI About CMI: The Rash of Recent Claims Under Section 1202 Regarding Removal of "Copyright Management Information"

Section 1202 provides a cause of action for removal of “copyright management information.”  Of course, many cases of alleged copyright infringement also involve the omission of some kind of title or credit line. This panel, featuring counsel who have been on both sides of a number of recent 1202 cases, will discuss the extent to which section 1202 claims function as a critical adjunct to traditional copyright claims or as a source of mischief.

Panelists:
Jeff Sedlik, President & CEO, PLUS Coalition
Darren Quinn, Law Offices of Darren J. Quinn

Moderator:
Joseph Gratz, Durie Tangri LLP


10:30 - 11:00 AM
Coffee Break
TBA
11:00 AM - 12:00 PM

Session 2
Lawful, Awful or Artful: Perspectives on Public Art

Does public art belong to the public? This panel will examine copyright issues as they affect art commissioned for or displayed in the public, including applicable provisions of the Visual Artists Rights Act and California Art Preservation Act, common issues that arise in negotiating and enforcing contracts governing public art commissions, and post-installation issues.

Panelists:
Linda Joy Kattwinkel, Owen, Wickersham & Erickson

Sriba Kwadjovie, Senior Intellectual Property Associate, SFMOMA

Sarah Conley Odenkirk, L/O of Sarah Conley Odenkirk, Author & Associate Director of Sotheby’s Institute of Art’s Art Business and Arts Management Masters Programs, Claremont Graduate University

Moderator:
Naomi Jane Gray, Shades of Gray Law Group, P.C.


12:00 - 12:15 PM

Break


12:15 - 1:45 PM

Session 3
The EU Copyright Package: Platform Liability
and Text and Data Mining

In September 2016, the EU Commission published a set of proposals on the modernization of copyright. This initiative – commonly known as the EU Copyright Package – represents a wide-ranging package of reforms, including regulations dealing with the online transmission and retransmission of television and radio programs and with the creation, use, and distribution of copies of works in formats accessible to the blind, visually impaired, or otherwise print disabled. Most notoriously, it includes a Directive on Copyright in the Digital Single Market: a comprehensive set of proposals aimed at modernizing copyright to facilitate wider online availability of content across the EU, adapting exceptions and limitations to the digital world, and achieving a well-functioning copyright marketplace.
 
This panel will focus on two specific aspects of the Directive on Copyright in the DSM:

  • A proposed mandatory exception or limitation allowing text and data mining carried out by research organizations for the purpose of scientific research; and
  • A proposed requirement that service providers who store and give access to large amounts of works and other subject-matter uploaded by their users take measures to ensure the functioning of agreements concluded with rightsholders and to prevent the availability of certain content on their services.

Speaking from diverse perspectives, the panelists will discuss and evaluate the proposals, comment on their potential impact on various stakeholders, and consider ways to address perceived issues with the approaches proposed by the EU Commission.

Moderator:
Casey M. Chisick, Partner, Cassels Brock & Blackwell LLP (Toronto)
 
Panelists:         
Frederic Haber, Vice President, General Counsel and Secretary, Copyright Clearance Center


Dr. Silke von Lewinski, Senior Research Fellow, Max Planck Institute for Intellectual Property (Munich)

Fred von Lohmann, Legal Director for Copyright, Google
                                    
Dr. Martin Schaefer, Boehmert & Boehmert, Berlin

 
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