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2016 CSUSA Annual Meeting Materials



   Monday, June 13

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

9:30 - 10:30 AM

View from the U.S. Copyright Office
The Honorable Maria A. Pallante
U.S. Register of Copyrights and Director


  1. Modernization Efforts and Accomplishments 2016 1-15, The United States Copyright Office (2016)

10:30 - 10:45 AM

10:45 - 11:45 AM

Session 1
Rethinking the Publishing Agreement: Grants, Rights and Responsibilities in the 21st Century

Even through the technology boom and the digital revolution, the publishing agreement and grant of rights by authors has remained relatively the same. The panel of industry experts will review The Authors Guild's recent Fair Contract Initiative, as well as recent developments within scientific, technology and health publishing, and discuss how the publishing agreement is (or should be) updated or improved upon to meet today's publishing business.

Jon Fine, Consultant 

Mary Rasenberger, Executive Director, The Authors Guild

Mark Seeley, Senior Vice President & General Counsel, Elsevier

Glenn Pudelka, Locke Lord LLP


  1. Fair Contract Initiative: Eight Principles of Fair Contracts 1, The Authors Guild (2016).
  2. Industry & Advocacy News: Advances Should Remain Advances, The Authors Guild (2016).
  3. Industry & Advocacy News: A Manuscript’s Acceptability Should Not Be a Matter of Whim, The Authors Guild (2016).
  4. Industry & Advocacy News: Stop Forcing Authors to Take Unlimited Financial Risks, Authors Guild (2015).
  5. Industry & Advocacy News: End the Discount Double-Cross, The Authors Guild (2015), and here. 
  6.  Industry & Advocacy News: Option Clauses Shouldn’t Hold Authors Hostage, The Authors Guild (2015).
  7. Industry & Advocacy News: Authors, Keep your Copyrights. You Earned Them, The Authors Guild (2015).
  8. Industry & Advocacy News: A Publishing Contract Should Not Be Forever, The Authors Guild (2015).
  9. Author Publishing Agreement 1-11, Elsevier (2015).
  10. Model Book Publishing Contract 1-, The Authors Guild (2015).
  11.  Authors Guild v. Google, Inc., 804 F.3d 202 (2d Cir. 2015). 


11:45 AM - 12:00 PM Coffee Break

12:00 - 1:30 PM

Session 2
Annual Round-Up of Cases

Bob Clarida, Reitler Kailas & Rosenblatt LLC

Tom Kjellberg, Cowan, Liebowitz & Latman, P.C.


Thomas Kjellberg and Scott Ceresia, "Developments In Copyright: Selected Annotated Cases"  (2016)

1:30 - 2:30 PM



   Tuesday, June 14

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

9:30 - 11:00 AM

Session 1
ALI Restatement of the Law of Copyright:
The Process, Policy and Significance of Re-Stating the Law

In November 2014, the American Law Institute announced its intention to create and publish a Restatement of the Law of Copyright. Chris Sprigman, Professor of Copyright Law at the New York University School of Law was appointed by ALI as the Reporter for this project, and many other copyright academics and practitioners (including some CSUSA members) were appointed to assist with the project.

The project will, according to the ALI, encompass "general copyright law, including the subject matter of copyright; the scope of exclusive rights granted by copyright; copyright formalities; rules governing ownership and transfer of copyright; copyright infringement; defenses to copyright infringement; and remedies."  The project is both unprecedented (in copyright) and controversial, and has engendered strong support and opposition from copyright jurists, academics, and practitioners in its preliminary deliberations.

This panel will discuss the process and purpose of the ALI Restatement, as well as its legal and historical significance.

Chris Sprigman, Professor of Copyright Law, NYU School of Law

June Besek, Executive Director and Lecturer in Law, Kernochan Center

Jay Rosenthal, Mitchell Silberberg & Knupp LLP


  1. Prof. Pamela Samuelson’s Letter to ALI (Sept. 12, 2013) 
  2. Prof. Chris Sprigman’s Memo Proposing an ALI Restatement of Copyright Law (Sept. 2, 2014)
  3. The Director’s Letter by Richard L. Revesz: Restatements and Federal Statutes (Spring 2016)
  4. Prof. Jane C. Ginsburg’s Comments on the Restatement of Copyright, Preliminary Draft No. 1 -    Before the Advisers’ Meeting (Nov. 30, 2015)
  5. Prof. Jane C. Ginsburg’s Comments on the Restatement of Copyright, Preliminary Draft No. 1 - After the Advisers’ Meeting (Dec. 21, 2015)
  6. Letter to ALI Officers and Directors (Oct. 14, 2015)
  7. Original Director’s Letter by Richard L. Revesz with Bibliography (Spring 2016)
  8. Copyright Office Letter to ALI (Dec. 1, 2015) 
  9. ALI's Restatement of the Law: Copyright, Preliminary Draft No.1 (Nov. 6, 2015) p.1-18

11:00 - 11:15 AM
Coffee Break

11:15 AM - 12:15 PM

Session 2
Universities and Copyright: A View from the Ivory Trenches

Universities are both major producers and major consumers of copyrighted works.  As such, they deal on a daily basis with important issues of copyright compliance, fair use, and author-publisher relationships, and they are in the forefront of the open access and open source movements.  A panel of university in-house counsel who advise their institutions on copyright law matters will discuss issues relating to the academic community, such as the workings of open courseware  and massive open online courses (MOOCs), fair use best practice codes, open access to scholarly articles, digitization of works from library collections, and the recent district court opinion in Cambridge University Press v. Becker (the Georgia State case).
Jonathan H. Hulbert, Harvard University

Jaren D. (Jay) Wilcoxson, Massachusetts Institute of Technology

Melissa Smith Levine, University of Michigan

William S. Strong, Kotin, Crabtree & Strong, LLP


  1.  Pittsburg State University v. Kan. Bd. of Regents, 280 Kan. 408 (7th Cir. 1988).
  2. Cambridge Univ. Press v, Becker, 863 F. Supp. 2d 1190 (N.D. Ga. 2012).
  3. Hays v. Sony Corp. of Am., 847 F.2d 412 (7th Cir. 1988). 
  4. Harvard Office of Technology Development, Policies and Procedures: Statement of Policy in Regard to Intellectual Property Section II. Copyrights (2016).
  5. Harvard Library Office for Scholarly Communication, Open Access Policies (2016).
  6. Harvard Library Office for Scholarly Communication, Harvard Library Policy on Access to Digital Reproductions of Works in the Public Domain (2016).
  7. Harvard University Office of the General Counsel, Copyright and Fair Use (2016).
  8. University of Michigan, Standard Practice Guide Policies: Who Holds Copyright at or in Affiliation with the University of Michigan (2016).
  9. University of Michigan, Michigan Library Research Guides, Copyright Basics: Fair Use and Other Exceptions Fair Use - 17 USC 107 (2016).
  10. University of Michigan, Michigan Library Research Guides, Open Access: Open Access Explained (2016).
  11. University of Michigan, Michigan Library, Knowing Your Copyrights and Responsibilities: Using the Knowledge Navigation Center and the Digital Media Commons 1-3 (2016).
  12. University of Michigan, Michigan Library, Creative Commons Basics (2016).
  13. MIT Libraries, Information about MIT’s Open Access Policy.
  14. MIT Libraries, FAQs about the Open Access Policy.
  15. MIT Libraries, Copyright Information for MIT Faculty developed by the MIT Libraries.
  16. MIT Libraries, FAQs about Fair Use, Copyright, and Images developed by the MIT Libraries.
  17. MIT Libraries, A Fair Use Quiz developed by the MIT Libraries.
  18. MIT Libraries, A video about Fair Use developed by the MIT Libraries.  
  19.  MIT Libraries, MIT’s IP ownership policy, and here. 

12:15 - 12:30 PM


12:30 - 1:30 PM

Session 3
The Ever-Increasing Creep of Privacy into the World of Copyright
and Content Users and Owners

The convergence of technology and media has prompted the development of new tools to collect, process, store and use consumer data to improve consumer experiences. Today, the use of data combined with Internet and mobile technology can result in offers to individuals that are highly relevant, delivered at the right time and at the right place. However, these tools create a wide range of compliance risk and liability issues. They also raise the stakes for protecting data in increasingly challenging risk environments, ranging from internal vulnerabilities to criminal cyberattacks and other persistent threats.  Legislators, regulators and the courts – both in the U.S. and in international jurisdictions – are developing new law and compliance obligations to address the privacy and security implications of the expanding information economy.  This panel will focus on these privacy law developments with the goal of keeping IP attorneys up-to-date in this complex and dynamic area of law.
Nancy Libin, Jenner & Block

Shaundra Watson, Federal Trade Commission

Pauline Wen, Senior Vice President, Chief Privacy Counsel, Business and Legal Affairs, Viacom Media Networks

Michele Woods, Director, Copyright Law Division, WIPO


  1. Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues, FTC Report (2016)
  2. Protecting Consumer: Privacy in an Era of Rapid Change. Recommendations for Business and Policymakers, FTC Report (2012)
  3. Kamala D. Harris, Privacy on the Go: Recommendations for the Mobile Ecosystem (2013). 
  4. Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy, White House Report (2012).


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