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2020 CSUSA Midwinter Meeting Agenda

Unless otherwise noted, all panels and events take place at The Wigwam Resort. Please visit our main Midwinter Meeting registration page for registration information. We hope you can join us!

      

    

Thursday, FEbruary 13

TIME
EVENT LOCATION
2:00 - 6:30 PM Registration
Sachem Foyer
2:00 - 4:00 PM

CSUSA Executive Committee Meeting

Sachem West
4:00 - 5:00 PM 

Yogalates

A classic infusion of Yoga and Pilates providing the ultimate full body strength, stretch and posture routine–a perfect post-flight workout!

Tickets: Free!


Photo courtesy of Visit Phoenix

Fitness Center
Motion Studio
4:00 - 5:00 PM 

Tequila Tasting 

Come learn about the subtle differences between blanco, anejo and reposado tequilas from a tequila sommelier, and embrace the spirit that has been synonymous with the Southwest for centuries! 

Tickets: $28

Wigwam Lawn & Patio
6:00 - 6:30 PM First-Time Attendee Reception

Litchfield Lawn

6:30 - 7:30 PM

Welcome Reception

Join Copyright Society members and guests for cocktails, hors d'oeuvres and networking outside on the lawn.

Welcome reception is included in the registration price. Guest tickets are available for purchase at check-out.

Guest Tickets: $85




Patio photo courtesy of Visit Phoenix

Litchfield Lawn

7:30 PM Dinner on Your Own

 

Friday, February 14

TIME
EVENT LOCATION
7:30 - 8:30 AM Breakfast
Litchfield's Restaurant
7:30 - 8:30 AM  CSUSA Chapter Chair Meeting Kiva West
8:45 AM

Welcome
Glenn Pudelka, CSUSA President

Sachem Hall
9:00 - 10:00 AM

Session 1
New Frameworks for Protecting Indigenous Cultural Expressions

Historically, indigenous cultural expressions—including literature, music, and visual and performing arts—were presumed to be ineligible for copyright protection. These works can be appropriated in ways that conflict with their intended purposes or that limit their use by the very communities that created them and regard them as integral to their cultural identities. New approaches are emerging to characterize indigenous cultural expressions as forms of intellectual property that can be identified as traditional knowledge, protected, and even collectively owned.

Join us to explore these developments with our notable panelists, leading voices in efforts to enhance the protection of traditional cultural expressions.

Moderator:

Nancy Kopans
Vice President, General Counsel & Secretary, ITHAKA

Panelists:

Ruth L. Okediji
Jeremiah Smith Jr. Professor of Law at Harvard Law School
and Co-Director of the Berkman Klein Center

Trevor Reed
Associate Professor of Law in the Sandra Day O'Connor College of Law at Arizona State University

Rebecca Tsosie
Regents’ Professor at the James E. Rogers College of Law at the University of Arizona and Vice Provost for Inclusive Excellence

Sachem Hall
10:00 AM Coffee Break
Sachem Terrace
10:30 - 11:30 AM 

Session 2
International Challenges and Developments in the Digital Music Space:
The DSM, The MMA, and The Value Gap

Digital distribution has made music more ubiquitous and accessible than ever, but has strained the ability of copyright laws to accommodate evolving methods of accessing and consuming music. The music industry has evolved to meet these digital challenges, but remains hamstrung in many ways by outmoded copyright laws, including, in the US, the Digital Millennium Copyright Act (DMCA), which became outmoded almost immediately after its passage in 1998. 
In 2019, the European Union took concrete steps to address the existence of what has been termed the “Value Gap” -- the disparity between the value of creative content accessed by consumers and the revenues returned to the people and businesses who create it -- in the Directive on Copyright in the Digital Single Marketplace (DSM).
 
In the US, the adoption of the Music Modernization Act (MMA), the most significant new copyright law since the DMCA, creates a new mechanism to ensure that songwriters and music publishers are paid by the music streaming companies who rely on their work.

This panel will explain the causes of the Value Gap, its roots in digital copyright law gaps, and will quantify its impact on creative industries. Canadian artist activist and record label entrepreneur Miranda Mulholland and American singer-songwriter, music creators’ rights advocate and co-founder of Songwriters of North America (SONA) Michelle Lewis will provide first-hand accounts of the issues creating the Value Gap and its effect on creators. The panel will also explain how the MMA is being implemented in the US, and how the EU DSM Directive is being implemented in Europe.

Moderator:

Robert Levine
Industry Editorial Director, Billboard Magazine

Panelists:

Michelle Lewis
Co-Founder, Songwriters of North America (SONA)

Miranda Mulholland
Independent Artist-Activist

Graham Henderson
President & CEO, Music Canada

Lauri Rechardt
Chief Legal Officer, IFPI

Sachem Hall
11:30 AM Break  
11:45 AM -
12:45 PM

Session 3
Open Innovation, Open Access, and Open Source: How Copyright Can Facilitate Sharing

The idea copyright can be used to facilitate open innovation appears to run counter to the traditional notions of copyright protection, but this idea is gaining ground in multiple fields. Different business models can support the economics of developing and distributing these copyrightable works. In academia, the open access movement facilitates the sharing of peer-reviewed articles. Technology companies are leveraging—and making available—open source software under different models that can help grow their business. Consumer brands use open innovation to bring their offerings more in line with customer desires.

The panelists will share their lessons for deciding when, and how, to make certain intellectual property accessible and how to address the practical and legal challenges that these decisions create.

Moderator:

Chad Rutkowski
Partner, BakerHostetler

Panelists:

Ellen Dubinsky
Scholarly Communications Librarian, University of Arizona

Kelly L. McDow
Associate General Counsel, The Procter and Gamble Company (retired) and Co-Founder, Lane and McDow Consulting

John Willinsky
Professor, Stanford Graduate School of Education
Sachem Hall
1:00 - 2:00 PM

Luncheon & Excellence in Creativity Award Presentation to 2020 Recipient: The Center for Creative Photography

Mohave East
2:00 PM Free Time - Optional Activities Below!
 
2:15 - 5:30 PM

Musical Instruments Museum Tour

Join us for a tour of MIM’s Geographic Galleries and the various countries, musical cultures, and fascinating instruments on view. The Museum’s collection includes more than 13,600 musical instruments and associated objects from around 200 countries and territories in the world, including subsections for different types of ethnic, folk, and tribal music. 

After the privately guided tour, attendees will have time to explore the galleries more extensively and see instruments from music icons such as Elvis Presley, Johnny Cash, Pablo Casals, Buddy Rich, “King” Sunny Adé, Clara Rockmore, Maroon 5, and many more!

Tickets: $20 (Includes shuttle)




Photos of MIM courtesy of Visit Phoenix

Meet in Conference Center Lobby / Aztec Foyer for Shuttle Bus @ 2:15 PM

Return Shuttle: 5 PM
2:30 - 5:30 PM

Horseback Trail Ride

Join us for a 1-hour horseback ride on the beautiful White Tank trails. Our guide will show us the desert landscape and describe life as it may have been 150 years ago. Must be at least 15 years old to ride.

Transportation provided to and from Corral West Ranch.  Meet in the lobby at 2:30pm for shuttle bus.

Tickets: $48 (Includes shuttle)


Photo courtesy of Visit Phoenix

Meet in Conference Center Lobby / Aztec Foyer for Shuttle Bus @ 2:30 PM

Return Shuttle: 5 PM
3:00 - 6:00 PM

Tennis Match

Join CSUSA member and guest players for a friendly tennis match prior to the June meeting’s 34th Annual Kate McKay Tennis Tournament in Newport, RI. All our welcome!  Racquet rentals available in the Tennis Shop.

Meet at the Wigwam Tennis Courts at 2:50pm.

Tickets: $20




Photo of court courtesy of Visit Phoenix

Meet at the Wigwam Tennis Courts
@ 2:50 PM

 
7:00 - 9:00 PM

Dinner Fiesta

Join us on the Wigwam lawn & patio for cocktails, mingling and dinner.

Dinner reception is included in the registration price. Guest tickets are available for purchase at check-out.

Guest Tickets: $150


Photo courtesy of Visit Phoenix

Wigwam Lawn & Patio
9:30 PM

After Party

Don't miss the Copyright Society house band,
Crude Humble & Obvious
and special guests!

Mohave West,
The Wigwam

 


Saturday, February 15

TIME
EVENT LOCATION
7:30 - 8:30 AM

Breakfast

Mohave East
8:45 AM

Welcome
Glenn Pudelka, CSUSA President

Sachem Hall
9:00 - 10:00 AM

Session 1
Fun, Games & Legal Claims: Exploring the Intersection of Copyright in Video Games

Where is the line between copyrightable choreography and unprotectable dance moves? What rights do you have in your tattoos? From dance “emotes” in Fortnite to the depiction of professional athletes' tattoos in NBA 2K, this panel will offer a deep dive into the crossroads of video games and copyright as explored in several recent cases.

Moderator:

Mark Humphrey
Associate, Mitchell Silberberg & Knupp

Panelists:

Ben Golant
Chief Counsel for Intellectual Property Policy,
Entertainment Software Association

Joshua Simmons
Partner, Kirkland & Ellis

Erica Van Loon
Partner, Lathrop Gage

Sachem Hall
10:00 AM Coffee Break
Sachem Terrace
10:30 - 11:30 AM 

Session 2
Crafting the Key to the Courthouse:
Evolving Standards and Strategies for Registering and Litigating Ownership of Copyright

Establishing ownership of a valid, registered copyright is essential to any copyright infringement suit. Our panel of experts will discuss recent decisions, review new Copyright Office rules and practices, and offer tips and tactics which may change the way you approach your next copyright application or infringement case.

Topics will include “special handling” and pre-registration issues in a post-Fourth Estate world; the Copyright Office’s new “group registration for unpublished works” procedure; recent case law affecting ex post facto work made for hire agreements; ownership and registration of non-traditional works like the content of websites and the output of software; and more.

Moderator:

Shannon Teicher
Partner, Jackson Walker LLP

Panelists:

Erik Bertin
Deputy Director for Registration Policy and Practice,
U.S. Copyright Office

Toby M.J. Butterfield
Partner, Moses & Singer LLP

Sachem Hall
11:30 AM Break  
11:45 AM -
12:45 PM

Session 3
Catching up on the CASE Act: A New Path Forward for Small Copyright Claims

The Copyright Alternative in Small-Claims Enforcement Act of 2019 or “CASE Act” would establish an expedited, cost-effective procedure for small copyright claims, including a new tribunal (the Copyright Claims Board (CCB)) to hear claims within the U.S. Copyright Office. The CASE Act passed the U.S. House of Representatives by an overwhelming 410-6 margin in October. However, the bill continues to be opposed by certain Silicon Valley and library interests, and is currently on hold. 

Proponents say the bill is needed because many professional creators and small businesses cannot afford to enforce their rights, leaving them without a remedy.  While the CASE Act procedures are voluntary–rights holders and users would still be free to proceed in federal court–bill opponents argue it would encourage copyright “trolling” and allow companies to “bully” people into paying sums of money that they cannot afford. 

Join us to learn more about the CASE Act and its status in Congress, and for a lively debate about the issues surrounding it. 

Moderator:

Nancy Wolff
Partner, Cowan DeBaets Abrahams & Sheppard LLP

Panelists:

Jonathan Band
policybandwidth

Keith Kupferschmid
President & CEO, Copyright Alliance

Mary Rasenberger
Executive Director, The Authors Guild

Sachem Hall

 

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