Why you should attend
Copyright law continues to be an unpredictable and dynamic practice area. Attend this program to learn the basics while exploring all of the recent cases and developments that continue to change the practice of copyright law. Examine the rights copyright protection confers, and learn how to protect those rights. Explore how the Internet continues to redefine critical concepts in the field, and learn how to tackle these challenges in daily practice. Even though you might feel like a novice at 9:00 a.m., by 5:00 p.m., you’ll be able to call yourself an expert!
What you will learn
The program will cover these and many more topics:
- Fundamentals of copyright law: terminology,copyrightability, protectable subject matter, and associated rights
- How copyright principles apply (or don’t apply) online
- Hot issues in copyright law, including a review of the latest cases
- Primer on copyright litigation and important defense strategies
- Update on DMCA issues
Who should attend
This seminar is designed as an introduction for attorneys and legal department professionals with limited experience in copyright law, and as a review and update for those who need to reacquaint themselves with intellectual property practice and procedure.
9:00 Introduction
Katherine C. Spelman
9:15 Basic Principles of Copyright Law and Copyright Office Practice
- What may be copyrighted and what exclusive rights are conferred?
- Statutory formalities
- Ownership issues, registration process
- Copyright duration, renewal process, transferring rights, and terminating rights
- International issues surrounding formalities, duration and ownership
Sophie Cohen, Deirdre Merrill
10:15 Networking Break
10:30 Enforcing Copyrights
- How do you protect your copyright?
- Challenging the validity of another’s copyright
- Copyright litigation and available defenses
- Access and substantial similarity in infringement cases
- How do you quantify damages?
- Litigation practice tips
J. Michael Keyes
11:30 Fair Use and Permissions
- The four factors of fair use
- What is parody?
- What is a “transformative” use?
- Anticircumvention and fair use
- Common fair use misconceptions: commercial uses, using a work in its entirety, nonprofit uses, using works prior to publication
Toby M.J. Butterfield, Dean S. Marks
12:30 Lunch
Afternoon Session: 1:45 p.m. - 5:00 p.m.
1:45 New Cases in Copyright Law - Internet and Beyond
- Newsworthy copyright cases
- Online copyright infringement
- Impact of case law on copyright law practice
- Possible future copyright conflicts
- Golan v. Holder, Viacom v. YouTube, Costco v. Omega, John Wiley Sons v. Kirtsaeng, Barclays v. TheFlyontheWall.com, Universal Music Group v. Augusto, consequences of Righthaven, and many more
Bruce Baber, Suzanne K. Nusbaum, David L. Rein, Jr.
3:15 Networking Break
3:30 Everything You Know Is Wrong: Formerly Settled Copyright Issues
- First sale versus licensing issues
- DMCA: Is YouTube really an ISP?
- DMCA and takedowns - What does “takedown” mean? What does “promptly” mean? Capitol Records v. MP3tunes
- Personal jurisdiction after American Buddha
- Reconciling UMG v. Augusto and open source licenses
- Proposed legislation
Andrew P. Bridges, Pilar Keagy Johnson, Kathleen E. McCarthy, Katherine C. Spelman, Nancy E. Wolff
5:00 Adjourn
Chairperson(s)
Speaker(s)
Pilar Keagy Johnson ~ Assistant General Counsel, Turner Broadcasting, Cartoon Network - Adult Swim
Dean S. Marks ~ Senior Vice President, Intellectual Property, Warner Bros. Entertainment Inc.
Program Attorney(s)
San Francisco Seminar Location
PLI California Center, 685 Market Street, San Francisco, California 94105. (415) 498-2800
San Francisco Hotel Accommodations
The Palace Hotel, 2 New Montgomery Street, San Francisco, California 94105. Call (800) 917-7456 seven days a week from 6:00 am to 12:00 am (PDT) and mention you are attending this program at Practising Law Institute to receive the preferred rate. For online reservations, go to www.sfpalace.com/pli to receive the preferred rate.
Due to high demand we recommend reserving hotel rooms as early as possible.
PLI's live programs are approved in all states that require mandatory continuing legal education for attorneys, except Arizona. Please be sure to check with your state for details.
Please check the CLE Calculator above each product description for CLE information specific to your state.
Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys. All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.
Please note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.
If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.
Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.