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2015 Annual Meeting Attendee-Only Page

Agenda

All panels and events take place at the Newport Marriott Hotel unless otherwise noted. We hope you can join us!


Sunday, June 7

12:00 - 2:00 PM

CSUSA International Chapter Lunch Program

Location:
Weatherly Room

Monday, June 8

9:00 - 10:00 AM

The View from the Copyright Office
Register Maria Pallante

Course Materials:

 

  1. Letter from Maria A. Pallante, Register of Copyrights and Director of the U.S. Copyright Office, to Rep. John Conyers, Jr., Ranking Member, H. Comm. on the Judiciary (Mar. 23, 2015).

  2. Statement of Maria A. Pallante, Register of Copyrights and Director of the U.S. Copyright Office, Hearing Before the Subcomm. on Courts, Intellectual Prop. & the Internet of the H. Comm. on the Judiciary, Oversight of the U.S. Copyright Office (Sep. 18, 2014).

  3. Maria A. Pallante, ASCAP at 100, 61 J. Copr Soc’y 545 (2014).



  4. Maria A. Pallante, Keynote Remarks, Copyright and the Digital Economy: Where to From Here?, 32 Copyright Reporter 6 (2014).

  5. Robert Brauneis, Abraham L. Kaminstein Scholar in Residence, U.S. Copyright Office, Transforming Document Recordation at the United States Copyright Office: A Report to the Register of Copyrights(Dec. 2014).

  6. Maria A. Pallante, Review and Reflection: Copyright Hearings and Related Discourse in the Nation’s Capital, 13 J. Marshall Rev. Intell. Prop. L. 487 (2014).

  7. U.S. Copyright Office, Report and Recommendations of the Technical Upgrades Special Projects Team (Feb. 2015).

  8. U.S. Copyright Office, Copyright and the Music Marketplace (Feb. 2015).
 Salons 2 - 4
10:00 - 11:00 AM

Panel 1
Ethics and Covert Investigation: Thorny Issues That Only Grow More Dangerous in the Internet Age

Attorney supervision of investigators who covertly contact suspected infringers has long raised ethical quandaries. This panel will explore how these quandaries have deepened as commerce has moved to the Internet.

The ethics rules prohibit attorneys from engaging in deception, directly or through agents. At the same time, obligations of loyalty and zeal, as well as client expectations, weigh in favor of lawyers assisting in the lawful acquisition of evidence against an infringer. Finding the right balance is difficult, with guidance muddled by sparse precedent and many conflicting ethics opinions.

With the Internet, this dilemma arises more often and with greater complexity. Because even the most careful infringers may drop their guard in online contacts, undercover buys are sometimes the solution. To what extent, however, are attorneys permitted to supervise these covert contacts? Does the prohibition on deception by attorneys preclude their working with agents to devise “cover stories” designed to elicit admission? Even more challenging are questions of how, if at all, to use lawful electronic countermeasures to peel back the Internet’s cloak of anonymity. Join us to learn how to best address these challenging questions.


Moderator:
Rose Auslander, Carter Ledyard & Milburn LLP

Panelist:
Jed Davis, Law Office of Jonathan E. Davis LLC

Salons 2 - 4
11:15 AM -
12:45 PM

Panel 2
Annual Round-Up of Cases

Panelists:
Bob Clarida, Reitler Kailas & Rosenblatt LLC

Tom Kjellberg, Cowan Liebowitz & Latman

Course Materials:

  1. Annual Review

  2. Fox News v TVEyes

  3. Flo & Eddie v Sirius XM Radio

  4. HarperCollins v Open Road

  5. Stan Lee Media v Walt Disney Co.

  6. Adjmi v DLT Entm't Ltd.

  7. Gaylord v United States

  8. Beastie Boys v Monster Energy

Salons 2 - 4

 

Tuesday, June 9

7:30 - 8:30 AM
Breakfast Buffet
Atrium
7:30 - 9:00 AM
Registration & Information Desk Open Outside Salon 2
9:00 - 10:00 AM

Panel 3
Copyrights on the Street: Creating and Preserving Graffiti and Other Art in Public Spaces

Artists who choose the streets as their canvas or gallery— whether to present socially relevant expression, provoke mass action, or simply to “mark” territory—face risky uncertainties at the intersection of their art and the Copyright Act, including the Visual Artists Rights Act (17 U.S.C. § 106A).  Come hear a distinguished group of panelists educate and entertain us with their views on the current legal writing on the wall—from academic, practitioner, and artist perspectives.

Moderator:
Peter J. Caruso II, Prince Lobel & Tye LLP

Panelists:
Deirdre A. Fox, Scharf Banks Marmor LLC

Phillippa Loengard, Deputy Director, Kernochan Center for Law, Media and the Arts, Columbia Law School

Nicholas M. O'Donnell, Sullivan & Worcester LLP

Christopher J. Robinson, Davis Wright & Tremaine LLP

Course Materials:

  1. Nicholas O’Donnell, Graffiti Litigation Update: Settlements and Procedural Wrangling, Art Law Report, Dec. 3, 2014.

  2. Nicholas O’Donnell, 5Pointz Not of “Recognized Stature” Under the Visual Artists Rights Act? Court Takes the Narrow View and Paintings are Whitewashed, Art Law Report, Nov. 24, 2013.

  3. Nicholas O’Donnell, Graffiti, Vandalism, and Public Expression: Public Art and its Uneasy Relationship with the Law, Art Law Report, Oct. 2, 2014.

  4. Nicholas O’Donnell, A Primer on Transformativeness: Green Day Proves Fair Use of Image in Concert Video, Art Law Report, Aug. 9, 2013.

  5. Williams v. Roberto Cavalli S.P.A., First Am. Compl., No. 2:14-cv-06659 (C.D. Cal., filed Nov. 10, 2014)

  6. Cohen v. G&M Realty L.P., No. 13-CV-5612 (FB) (JMA) (E.D.N.Y. Nov. 20. 2013) (reported at 988 F. Supp. 2d 212)

  7. Seltzer v. Green Day, Inc., Nos. 11-56573, 11-57160 (9th Cir. Aug. 7, 2013) (reported at 725 F.3d 1170)
Salons 2 - 4
10:00 - 10:15 AM
Coffee Break
Outside Salon 4
10:15 - 11:30 AM

Panel 4
Say What? The Newly Cooperative Online Landscape

As copyright law abuts business models in the digital space, new business models are emerging that showcase—yes—a new kind of cooperation, bringing all involved a win-win harvest from digital growth.

Disputes between copyright owners and digital services had begun to seem inevitable, with litigation over everything from mass digitization of books, to searchable databases of television programs, to distribution of animated GIFs. What is driving today’s cooperation—adjusting perceptions? Or are those involved in creating digital models putting further thought into how works are exploited?

This panel will explore models in the digital environment, with a view towards unpacking the elements that seem to be the force behind these thriving new models.

Moderator:
Jordan Gimbel, Senior Legal Director, Yahoo!

Panelists:
Ryan Merkley, CEO Creative Commons

Katherine C. Spelman, K&L Gates

Mark Little, Founder of Storyful

Shirin Keen, Twitch

Course Materials:

  1. Innovation in America (Part I and II), Hearings Before the Subcomm. on Courts, Intellectual Prop. & the Internet of the H. Comm. on the Judiciary, 113th Cong. (2013).

  2. Rise of Innovative Business Models: Content Delivery Methods in the Digital Age, Hearing Before the Subcomm. on Courts, Intellectual Prop. & the Internet of the H. Comm. on the Judiciary, 113th Cong. (2013).

  3. Mark A. Lemley, IP in a World Without Scarcity, 90 N.Y.U.L. Rev. 460 (2015).
Salons 2 - 4
11:30 AM - 11:45 PM

News Flash
Garcia v. Google

Salons 2 - 4
11:45 AM - 1:00 PM

Panel 5
When the World Didn't Come to An End

The copyright community has predicted dire consequences of rulings from Sony v. Universal Studios, to Feist and Grokster—were those predictions justified? A panel of Copyright Society éminences grises will discuss the real effect of a number of famous decisions and the consequences, both planned and unintended. The panel will conclude with a discussion of the recent Blurred Lines jury verdict and whether the media’s hand wringing over the verdict is warranted.

Moderator:
Kevin Tottis, TottisLaw

Panelists:
Robert Bernstein, Law Office of Robert J. Bernstein

Joseph Salvo, General Counsel, Sesame Workshop

Naomi Jane Gray, Harvey Siskind LLP

Course Materials:

Outline for Presentation of Robert J. Bernstein at the Annual Meeting of the Copyright Society of the U.S.A. (submitted on May 20, 2015).

Attachments:

  1. Complaint for Declaratory Relief, Pharrell Williams et al v. Bridgeport Music Inc. et al, No. 13-cv-06004 (C.D. Cal. Aug 15, 2013).

  2. Defendant’s First Amended Counterclaims, Pharrell Williams et al v. Bridgeport Music Inc. et al, No. 13-cv-06004 (C.D. Cal. Aug 15, 2013).
  3. Excerpts from the Closing Arguments of Howard E. King for the Thicke-Williams Parties, Trial Transcript, March 5, 2014, at pages 101-02, 107 and 122-23. Excerpts from the Closing Arguments of Richard S. Busch for the Gaye Parties, Trial Transcript, March 5, 2014, at pages 126-28, and and 130-31.  Pharrell Williams et al v. Bridgeport Music Inc. et al, No. 13-cv-06004 (C.D. Cal. Aug 15, 2013).
  4. Selected Instructions to the Jury, Pharrell Williams et al v. Bridgeport Music Inc. et al, No. 13-cv-06004 (C.D. Cal. Aug 15, 2013).
  5. Special Verdict, Pharrell Williams et al v. Bridgeport Music Inc. et al, No. 13-cv-06004 (C.D. Cal. Aug 15, 2013).
Salons 2 - 4
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