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NY Chapter Luncheon - Content Aggregation: Fair Use or a Use Too Far?
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The panel will discuss the evolving law and public policy issues related to these cases and the broader topic of aggregation.

When: October 24
12:00 - 2:00 PM
Where: The Princeton Club
15 West 43rd Street
New York, New York  10036
United States
Contact: Amy Nickerson

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Some of the most popular websites are based upon the aggregation of other parties’ published news, photos, television clips and other content. Aggregators who collect and post third-party content tout the utility of their "one-stop viewing” sites and argue that theirs is a fair use of the content. Content owners, however, complain that aggregators profit from their content without providing fair compensation, and that they are not benefiting from the recent surge in digital advertising revenues received by big technology companies such as Google and Facebook. This panel will discuss the legal issue underlying the debate: when does aggregation constitute fair use and when does it go too far?

Two recent decisions in the Southern District of New York have re-focused attention on this increasingly important topic: The Associated Press v. Meltwater, in which the court ruled that a media monitoring service’s aggregation of news story excerpts provided to paying subscribers was not fair use, and Authors Guild v. HathiTrust (now on appeal to the Second Circuit), in which the court upheld the creation of an index based on Google’s scanning of millions of books in its library project as fair use. Further, in September Judge Chin heard oral argument in Authors Guild v. Google on whether the posting of book excerpts on Google Books qualifies as fair use, and Fox News recently sued TVEYES, an aggregator of clips from television broadcasts. The panel will discuss the evolving law and public policy issues related to these cases and the broader topic of aggregation.

Our distinguished panel of speakers will include:

Bill Herman, Hunter College CUNY
Elizabeth McNamara, Davis Wright Tremaine LLP (Moderator) 

Andy Sellars,  Digital Media Law Project and Berkman Center for Internet & Society
Linda Steinman, Davis Wright Tremaine LLP

Time: 12:00 p.m.-12:30 p.m. Networking Reception (cash bar)
12:30 p.m.-1:00 p.m. Lunch
1:00 p.m.-2:00 p.m. Program (Please note: event will end promptly)

Cost: Early Bird - $70.00 (Members) $85.00 (Nonmembers) $33.00 (Students - Limited; please email requests to

: The Copyright Society of the USA is a NY CLE Approved Provider. This course is Transitional and Nontransitional, and provides 1.0 Professional Practice Credit (based on 50 minutes).

Registration Deadline: Noon – October 18, 2013


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