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2016 Mid-Winter Materials

2016 Mid-Winter Meeting MAterials

Thank you for registering for the 2016 CSUSA Mid-Winter Meeting in New Orleans! Course materials are below.

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 Friday, February 12

9:15 AM
Opening Remarks
Eric J. Schwartz, CSUSA President

Queen Anne Ballroom
9:30 - 10:30 AM

Panel 1
The Ownership of Copyrightable Contributions in the
Wake of Garcia v. Google and 16 Casa Duse v. Merkin

The Second and Ninth Circuits have both recently held that an actor or a director may not, in the normal course, own a copyright to their individual contributions to an integrated work of authorship like a film.  This panel will explore whether these decisions were correct, and the real-world impact they will have on the motion picture industry, and on contributions to integrated works.

Moderator:

Justin Hughes
Hon. William Byrne Professor of Law, Loyola Law School

Panelists:

Eleanor Lackman
Partner, Cowan, DeBaets, Abrahams & Sheppard LLP

F. Jay Dougherty
Professor of Law, Director of Entertainment & Media Law Institute and Concentration Program, Loyola Law School 

Christopher Newman
Associate Professor of Law, George Mason University School
of Law

Danielle Van Lier
Senior Counsel, Intellectual Property and Contracts,
SAG-AFTRA

Materials: 

1.  Garcia v. Google, Inc., 786 F.3d 733 (9th Cir. 2013) 

2. 16 Casa Duse, LLC v. Merkin, LLC v. Merkin, 179 F.3d 247 (2d Cir. 2015)

3. Jay Dougherty, Not a Spike Lee Joint? Issues in the Authorship of Motion Pictures under U.S. Copyright Law, 49 UCLA L. Rev. 225 (2001)


10:30 - 10:45 AM

Coffee Break

Queen Anne Mezzanine
10:45 - 11:45 AM

Panel 2
Local Artists and Copyright

New Orleans musicians, music professionals, artists and creators will discuss their careers and share some of their works, with an emphasis on any copyright-related issues they have faced. They will speak about how awareness of copyright protection may or may not have increased after Katrina, particularly with the emergence on the national and worldwide spotlight of New Orleans culture, music, and traditions through documentaries and such programs as HBO’s Treme, which featured local musicians and artists.

Moderator:
Deborah Evans
President, Della Music Publishing, LLC

Panelists:

Ashlye M. Keaton, Esq.
Adjunct Professor, Tulane Law School and the University of New Orleans, Co-Founder/Supervising Attorney for the Entertainment Law Legal Assistance Project (ELLA)

Pamela Davis-Noland
Author, playwright, community arts organizer and artist relations specialist

Voice Monet
New Orleans-based international female rap artist and record label owner, film producer, director and cinematographer

Scott Billington
Vice President of A&R, Rounder Records

Materials: 

1. Deborah A. Evans, Summary of Panel Discussion with Local New Orleans Artists and Creators in their Work, Related Copyright Issues, and the Flourishing of the Arts Post-Katrina (Della Music Publishing 2016).

2. Campbell Robertson, Want to Use my Suit? Then Throw me Something, N. Y. Times (Mar. 23, 2010). Available here.

3. Rachel Waters, Mardi Gras “Indian” Suits: Fit for Copyright Protection?, Wake Forest U. Sch. of L.: J. of Bus. and Intell. Prop. L., (Jul. 29, 2011). Available here

 

11:45 - 12:00 PM

Break

 
12:00 - 1:00 PM

Panel 3
The Changing Face(s) of Fair Use: Generational Views

This “reverse mentoring" panel will present the perspectives of millennial lawyers and students on various copyright issues. The panel will discuss several recent cases and explore how and whether the approaches and views on such cases differ between the newest generation of lawyers and more experienced practitioners.

Moderator:
Prof. Glynn Lunney, Jr.
Tulane University Law School

Student Moderator:
Latisha Mais
Tulane Law School

Panelists:

Mary Rasenberger
Executive Director, The Authors Guild

Ben Sheffner
VP, Legal Affairs, Motion Picture Association of America, Inc.

Nancy Wolff
Partner, Cowan, DeBaets, Abrahams & Sheppard

Terrica Carrington
3L, George Mason University

Tomi Suzuki
2L, Tulane Law School

Daniel G. Van Slyke
3L, Texas A&M University

Materials: 

1. Authors Guild, Inc. v. Google Inc., 804 F.3d 202 (2d Cir. 2015). 

2. Authors Guild, Inc. v. HathiTrust, 755 F.3d 87 (2d Cir. 2014). 

3. DC Comics v. Towle, 803 F. 3d 1012 (9th Cir. 2014). 

4. Klinger v. Conan Doyle Estate, Ltd., 761 F.3d 789 (7th Cir. 2014).

5. Lenz v. Universal Music Corp., 801 F.3d 1126 (9th Cir. 2015)

6. Betsy Rosenblatt & Rebecca Tushnet, Transformative Works: Young Women's Voices on Fandom and Fair Use in Part IV. Available here. 

7. Jeanne C. Fromer, Market Effects Bearing on Fair Use, 90 Wash. L. Rev. 615 (June 27, 2015). Available here. 

8. Lydia Pallas Loren, Fair Use: An Affirmative Defense?, 90 Wash. L. Rev. 685 (Jul. 9, 2015). Available here. 

 

 



 Saturday, February 13

9:15 AM Opening Remarks
Eric J. Schwartz, CSUSA President

Queen Anne Ballroom 
9:30 - 10:30 AM

Panel 1
Legislative and Regulatory Update

Since Spring of 2013, Congress, the U.S. Copyright Office and the U.S. Patent and Trademark Office have been conducting a comprehensive review of The Copyright Act and considering how to position relevant government institutions to best meet the needs of the digital marketplace in works of authorship and the general public. Practitioners and senior officials and counsel from the U.S. Copyright Office, the U.S. Patent and Trademark Office and the House Judiciary Committee will offer updates and their perspectives on the latest legislative and regulatory developments, as well as the first phase of work of the American Law Institute on the Restatement of Copyright Law which is occurring in parallel with the legislative and regulatory review.

Moderator:

Sandra Aistars
Senior Scholar & Director of Copyright Research and Policy, Center for the Protection of Intellectual Property (CPIP), George Mason University School of Law

Panelists:

Karyn Temple Claggett
Associate Register of Copyrights and Director of Policy and International Affairs, U.S. Copyright Office

Jason Everett
Chief Democratic Counsel for the Subcommittee on Courts, Intellectual Property, and the Internet of the House Committee on the Judiciary

Terry Hart
Director of Legal Policy, The Copyright Alliance

Shira Perlmutter
Chief Policy Officer and Director for International Affairs, United States Patent & Trademark Office

Materials: 

1. DMCA Notice and Take-down Processes: List of Good, Bad, and Situational Practices (April 2015) 

2. Department of Commerce Internet Policy Task Force, Copyright Policy, Creativity and Innovation in the Digital Economy (July 2013) 

3. List of Copyright Review Hearings From March 2013 to April 2015

 


10:30 - 10:45 AM

Coffee Break

Queen Anne Mezzanine
10:45 - 11:45 AM

Panel 2
A Lenz into the Future: The State of Takedowns for 2016

This panel will discuss the cutting edge of DMCA notice and takedown from both the trenches and the benches.

Moderator:
Elizabeth Townsend-Gard
Tulane University Law School 

Panelists:

Sofia Castillo
Association of American Publishers 

Jordan Gimbel
Senior Director, Legal, Yahoo! Inc. 

Vicky Sheckler
Senior Vice President and Deputy General Counsel, RIAA

Fred von Lohmann
Legal Director, Copyright, Google

Materials: 

1. Lenz v. Universal Music Corp., 801 F.3d 1126 (9th Cir., 2015)

2. BMG Rights Management v. Cox Communications, Memorandum Opinion (E.D. Va. 2015)

3. Lenz v. Universal Music Corp, Summary Judgment Order (N.D. Cal., 2010)

4. The DMCA in 2015 Is It Working? (updated February, 2016), Victoria Sheckler

5. An Overview of the DMCA “Safe Harbors” (updated February 2016)Fred von Lohmann

6. Copyright Office - Section 512 Study: Notice and Request for Public Comment (Fed. Reg., Vol. 80, No. 251)

7. Google: Transparency Report 

8. Twitter: Transparency Report 

9. Automatic Hall of Shame 


11:45 - 12:00 PM

Break


12:00 - 1:00 PM

Panel 3 
The Times They Are A-Changin’: 3D Printing and Digital Video in the Age of Body Cams and Periscope

The means by which we can produce and distribute content is undergoing perhaps the most radical series of changes since the introduction of the printing press.  Ubiquitous and extremely powerful smartphones allow each of us to easily set up our own live video streaming channel while 3D printers allow for the reproduction of physical works at the press of the button. 

What are the copyright concerns arising from such new technologies and how can copyright owners effectively enforce their copyrights in such a rapidly evolving landscape?

Join our panel of experienced practitioners as they debate the issues of tomorrow.

Moderator:
Jack Bernard
Associate General Counsel, Office of the Vice President and General Counsel, University of Michigan 

Panelists:

John Knapp
General Counsel, Solidoodle

John Tehranian
Founding Partner, One LLP and Paul W. Wildman Chair and Professor of Law at Southwestern Law School

Dennis L. Wilson
Partner, Kilpatrick Townsend & Stockton LLP

Materials: 

1. Lions Gates Films v. John Does. TRO and Order to Show Cause. 

2. Brian Rideout, Printing the Impossible Triangle: The Copyright Implications of Three-Dimensional Printing, 5 J. Bus. Entrepreneurship & L. Iss. 1 (2011). Available here. 

3. Feist Publications v. Rural Telephone Service Company, 499 U.S. 340 (1991).

4. Meshwerks, Inc v. Toyota Morots Sales U.S.A., Inc., 528 .3d 1258 (2008)





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