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Annual Meeting 2013
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CSUSA Annual Meeting
June 9-11, 2013
The Sagamore Resort - Bolton Landing, NY

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Platinum Sponsor



3:00 - 5:00 PM

4:00 - 5:00 PM
Membership Committee Meeting

5:00 - 6:00 PM
Joint Meeting of the Trustees and Members

6:30 - 7:00 PM
New Attendee Wine and Cheese Reception

7:00 -8:00 PM
Welcome Reception

8:00 - 10:00 PM

7:15 - 8:15 AM
Executive Committee Meeting
7:30 - 8:15 AM
8:15 - 8:30 AM
Joe Salvo. President, The Copyright Society of the USA
8:30 - 9:30 AM
The View from the Copyright Office
Maria A. Pallante, Register of Copyrights, U.S. Copyright Office
9:30 - 10:45 AMWe Want …. a Shrubbery!!!” Kelley v. Chicago Park District and Renewed Consideration of Authorship and Fixation under Copyright Law
Recent developments in art and technology have given us the opportunity to consider the doctrines of authorship and fixation under Copyright law. These issues received perhaps the greatest attention in the Seventh Circuit’s decision in Chapman Kelley v. Chicago Park District, 635 F.3d 290 (7th Cir.), cert denied, 132 S. Ct. 380 (2011), where the Court of Appeals found that Chapman Kelley’s "Wildflower Works” installation, comprised of living plants, did not qualify for copyright protection because it lacked authorship and fixation. The panel will use the Kelley case and other examples to shape a discussion around the challenges of assessing authorship and fixation, and the real-world impact the decisions we make can have upon artists and other creators.

Hillel Parness, Robins, Kaplan, Miller & Ciresi L.L.P.

June Besek, Kernochan Center for Law, Media and the Arts, and Lecturer at Law, Columbia Law School
Chapman Kelley, Artist and Plaintiff in the Kelley case
Robert J. Kasunic, U.S. Copyright Office
Martin Schaefer, Boehmert & Boehmert
10:45 - 11:00 AM
11:00 AM - 12:30 PM
Recent Developments in Copyright Law

Robert W. Clarida, Reitler Kailas & Rosenblatt LLC
Thomas Kjellberg, Cowan Liebowitz & Latman, P.C.

12:30 - 2:00 PM
2:00 - 3:15 PM
Making the Digital Deal
The internet and digital devices have changed the way that media is consumed. As devices, distribution technologies and business models continue to evolve, the deals authorizing digital distribution of copyrighted content such as music, movies, television shows and e-books are also evolving. This panel will discuss the practical impact of some of the most highly negotiated clauses in digital distribution contracts and related copyright considerations and underpinnings, including the scope of the grant of rights (and related limits on service functionality), scope of content commitment, holdback and takedown rights, geoblocking, indemnification for infringement, filtering of user-generated content and content security.


Lisa Weiss, Dentons US LLP

Stephen J. Dallas, Warner/Chappell Music, Inc.
Steven R. Englund, Jenner & Block
Elizabeth Moody, YouTube
Alexis Shapiro, The Orchard Enterprises, Inc.


3:30 - 6:00 PM
  • Copyright Classic XXIX: Annual Softball Game
  • Twenty-Seventh Annual Kate McKay Tennis Open
  • Guided Trail Hike
  • Chocolate Truffle-Making Class
6:30 - 9:30 PM
Reception & Dinner
6:30 - 9:30 PM
Kids' Dinner & Movie

7:30 - 8:30 AM
7:30 - 8:30 AM
Chapters Meeting
7:30 - 8:30 AM
Editorial Board Meeting
8:30 - 9:45 AM

Please Excuse the Following Disruption: The Past, Present and Possible Future of Television and Radio Copyright Litigation
In copyright circles today there is a substantial focus upon the relatively recentCablevision case and ongoing litigations like Aereo and DishTV, but these are neither the beginning nor (likely) the end of the road for litigation relating to the distribution or redistribution of audio and audiovisual content. Indeed, these cases are part of a continuum of cases stretching back at least as far as Sony v. Universal, with quite a number of interesting (if less well-known) stops along the road. This panel will identify common issues and themes among the "television and radio” cases so as to contemplate not (or not just) the potential outcomes of particular disputes but the long-term trajectory of this area of litigation, and to project where it is all headed.

Eleanor M. Lackman, Cowan DeBaets Abrahams & Sheppard LLP

Fritz Attaway, Former Executive Vice President and Special Policy Advisor, Motion Picture Association of America
Bruce Joseph, Wiley Rein LLP
Kelly M. Klaus, Munger, Tolles & Olson LLP
David Leichtman, Robins, Kaplan, Miller & Ciresi L.L.P.

9:45 - 11:00 AM
Current Developments in Criminal Copyright Enforcement

This panel, comprised of leading outside counsel, in-house counsel and regulators who deal regularly with criminal cybercrime laws, will cover a range of issues, such as:

• Recent criminal prosecutions brought against individual defendants in criminal copyright cases;
• Emerging trends and Tradecraft in IP Crimes;
• Criminal seizures of website domain names used to facilitate copyright infringement;
• International law enforcement and cooperation;
• How to work successfully work with domestic and foreign law enforcement to maximize results; and
• Proposals for legislative reform in a post SOPA and PIPA world.

Joseph DeMarco, DeVore & DeMarco LLP

Paul Doda, Elsevier Inc.

Ed McCoyd, The Association of American Publishers
David Szuchman, New York County District Attorney’s Office


11:00 - 11:15 AM
11:15 AM - 12:30 PM

Booksand Bytes: A Discussion of The Authors Guild v. HathiTrust with the Attorneys and Parties Directly Involved
One of the most significant copyright cases now pending is The Authors Guild, Inc. et al. v. HathiTrust, et al., currently on appeal to the Second Circuit after the Southern District of New York awarded summary judgment to Defendants on fair-use grounds in October 2012. This case tests the legality of the HathiTrust Digital Library, a collaboration of digitized works from more than 60 colleges, universities and other nonprofit institutions, and the applicability (if any) of Sections 107, 108, and 121 of the Copyright Act. Also involved are related issues regarding associational standing and the ripeness of claims concerning Defendants’ presently suspended Orphan Works Project. In this extraordinary panel, the attorneys and parties directly involved in this pending lawsuit will review the procedural history of the lawsuit, its factual background, and the legal arguments each side has made.

Marybeth Peters, Oblon, Spivak, McClelland, Maier & Neustadt, LLP

Jack Bernard, University of Michigan
Jan Constantine, The Authors Guild, Inc.
Joseph Petersen, Kilpatrick Townsend & Stockton LLP
Edward H. Rosenthal, Frankfurt, Kurnit, Klein & Selz, P.C.

CSUSA is Applying for 465 minutes of CLE credits

Registration Dead Line: May 31

Please Note: This year’s registration fees for the CSUSA Annual Meeting at The Sagamore may appear appreciably higher than last year’s registration fees. This is because food and beverage charges for the conference—which have been historically baked into the hotel room charges in past years—have now been added instead to the registration fee. The Sagamore advised this year that they were no longer able to include food and beverage charges in the hotel room charge. Accordingly, you should see a commensurate decrease in the price of the room charges, and the total cost of the conference—registration fee plus hotel charges—should be roughly equivalent (adjusting for inflation) to the aggregate cost of past Annual Meetings at the Sagamore. Thank you for your understanding.

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