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NY Chapter Linking 2018

Linking, Embedding, and Liability -- The Evolving State of the Law

When:   Wednesday, March 14, 2018
Check-In 12 pm, Lunch 12:30 pm, Program 1-2 pm

Where:  The Princeton Club of New York, 15 West 43rd Street, New York, NY 10036

Materials:

Table of Content

  1. Speaker Biographies*
  2. Goldman v. Breitbart News Network, LLC, No. 17 Civ. 3144 (KBF), Opinion & Order (S.D.N.Y. Feb. 15, 2018)
    1. Brief of Getty Images (US) Inc., American Society of Media Photographers, Digital Media Licensing Association, National Press Photographers Association, and North American Nature Photography Association as Amici Curiae Supporting Plaintiff
    2. Amicus Brief of the Electronic Frontier Foundation and Public Knowledge in Support of Defendants' Motion for Partial Summary Judgment
  3. Playboy Entertainment Group Inc. v. Happy Mutants, LLC, No. CV 17-8140 FMO (PLAx), Order (C.D. Cal. Feb. 14, 2018)
  4. Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146 (9th Cir. 2007) (amended opinion)*
  5. Jane C. Ginsburg and Luke Budiardjo, “Liability for Providing Hyperlinks to Copyright-Infringing Content: International and Comparative Law Perspectives,” Columbia J. of L. & the Arts, Vol. 41, No. 153 (2018), available at https://ssrn.com/abstract=3068786*
  6. Edward Klaris and Alexia Bedat, “Copyright Liability for Linking and Embedding: An E.U. Versus U.S. Comparision and Guide” (2018)*

 

Other resources:

  1. Scott J. Sholder, “Goldman v. Breitbart News, LLC: The Embedding Balance Has Tipped,” Cowan DeBaets Abrahams & Sheppard LLP Legal Blog (February 20, 2018) available at http://cdas.com/goldman-v-breitbart-news-llc-embedding-balance-tipped/
  2. Scott J. Sholder, “Embedding in the Balance: the Goldman Cases,” Cowan DeBaets Abrahams & Sheppard LLP Legal Blog (November 27, 2017), available at http://cdas.com/goldman-cases/

 *Printed copy will be provided.

 

Speakers:

Kenneth L. Doroshow is a partner in the Washington, D.C. office of Jenner & Block LLP, and is a member of the firm’s Content, Media and Entertainment practice group.  Mr. Doroshow is an experienced litigator and counselor with an extensive background in the major entertainment sectors, focusing on matters involving new media and new technologies.  He regularly advises clients on content protection and enforcement strategies and handles a broad variety of commercial, regulatory and intellectual property disputes, especially those involving digital and online entertainment.  Before returning to private practice, Mr. Doroshow served as a trial attorney with the U.S. Department of Justice, as the General Counsel to the Entertainment Software Association, and as the head of litigation for the Recording Industry Association of America.  Mr. Doroshow is recognized as a leading media and entertainment lawyer by Chambers USA and Legal 500, and as an “IP Star” by Managing Intellectual Property magazine.  Mr. Doroshow is a graduate of the Cornell Law School and is admitted to practice in New York, Massachusetts, and Washington D.C.

Melissa Moriarty is Assistant General Counsel of VaynerX, a modern-day communications parent company of which Gary Vaynerchuk is CEO. VaynerX houses digital media agency VaynerMedia, full-service production company VaynerProductions, and The Gallery, its publishing arm which includes leading women’s lifestyle brand PureWow. Ms. Moriarty’s practice is focused on evaluating and addressing business and legal risks in advertising campaign executions, new lines of business, and use of emerging technologies - with a focus on intellectual property, marketing and advertising, and privacy issues. Ms. Moriarty received a J.D., cum laude, from Fordham University School of Law in 2013, where she was a Research & Conference Fellow for the Fordham Intellectual Property Institute and Notes & Articles Editor for the Fordham Urban Law Journal.  Prior to entering law school, Melissa worked with college athletic departments to protect and monetize their copyright and trademark rights at XOS Digital, a sports media licensing agency and in event planning for the Orange Bowl Committee’s FedEx Orange Bowl and 2009 BCS National Championship games. Ms. Moriarty received a B.A. in Economics and a Certificate in Markets and Management Studies from Duke University in 2007.

N. Cameron Russell is the Executive Director of the Center on Law and Information Policy (CLIP) at Fordham Law School in New York.  CLIP conducts research and facilitates high-level public discourse on topics such as data privacy and security, peer-to-peer technologies and intellectual property protection of information assets.  In addition to his role with CLIP, Cameron is an adjunct professor of trademark, information privacy, and copyright law courses at Fordham Law School, taught as a Lecturer in Fordham University’s Department of Communication and Media Studies, and has been interviewed regarding online privacy issues by various media outlets including CBS, NBC and CNN.  He has articles published in the Stanford Technology Law Review, the Berkeley Technology Law Journal, I/S: A Journal of Law and Policy for the Information Society, and the John Marshall Review of Intellectual Property Law.  Previously, Cameron practiced law as a partner in the Wender Law Group in New York and worked as a music manager for then up-and-coming pop star Rihanna.  Cameron earned his undergraduate degree from UNC-Chapel Hill's Kenan-Flagler Business School and his J.D. from the University of Denver.  He is also a magna cum laude LL.M graduate of Fordham Law School in intellectual property and information technology law.  Cameron is admitted to practice in New York and California.

 



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