Technology and Entertainment Convergence 2009: Hot Business and Legal Issues in "Technotainment"

Overview

Recently admitted NY attorneys: This program is accredited for transitional CLE credit

Why You Should Attend

The program brings together a faculty of experienced in-house lawyers and law firm attorneys on the cutting edge of this burgeoning practice. The expert faculty explores new content distribution and delivery mediums, delves into licensing and merchandising techniques, and analyzes copyright, trademark and other litigation, as well as litigation avoidance strategies. Be sure that you are on top of all of the developments and burning legal issues at the intersection of technology and entertainment! You will learn all you need to know to maintain your practice edge by attending this one-day “Technotainment” program.

What You Will Learn

• Trademarks and Rights of Publicity in the converged world
• Fame gone wild: grateful appreciation or unfair exploitation?
• Digital laissez-faire? Copyright fair use and transformation in the new world of “technotainment”
• Practical tips for handling digital fair use issues 
• Moving content onto mobile platforms: platform content licenses; mobile advertising; social network issues; joint ventures; iPhone™, BlackBerry®, Android™ and other application development
• IP and other legal issues on the virtual frontier: widgets, wikis, mashups and wizardry
•  New music licensing deals, negotiation strategies, and monetization
•  Litigation and litigation avoidance strategies: DMCA and user-generated content; secondary trademark infringement; user-generated content principles and best practices

Who Should Attend

Both in-house counsel and law firm attorneys who counsel television, radio, video, film, entertainment, technology, interactive media, telecommunications, Internet or gaming companies. Attorneys who practice in copyright, trademark, licensing, merchandising and litigation should attend this important PLI program.

Special Features

Live Webcast - Simultaneous live webcast of the San Francisco session is available for individual viewing. Webcast participants will receive streaming audio and/or video of the program, view and print the Course Handbook, and have the ability to submit questions electronically.

For more information click on the Live Webcast link in the Related Items box.

Special Bonus to all Registrants

All attendees will receive a complimentary copy of PLI's comprehensive Course Handbook. This softcover, bound volume was written to augment the program and to stand alone as a permanent reference. PLI's Course Handbooks represent the definitive thinking of the nation's finest legal minds, and are often the standard reference in the field.

Please Note: Webcast attendees will receive a downloadable version of the Handbook one business day prior to the program.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount.  For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Schedule

Please plan to arrive with enough time to register before the conference begins. A networking breakfast will be available upon your arrival.

Morning Session: 9:00 a.m. - 12:30 p.m.

9:00  Program Overview

Leonard T. Nuara, Cydney A. Tune

9:15  Trademarks and Rights of Publicity in the Converged World 

• Fame gone wild: when grateful appreciation turns to unfair exploitation
• Defining fair use and free speech 
• Domain name issues for content providers
• The impact of platform convergence on portfolio planning, coexistence agreements and dispute resolution
• Is there a second life for trademarks in Second Life®?

Claudia Ray

10:15  Digital Laissez-Faire? Copyright Fair Use and Transformation in the New World of Entertainment

In the age of digital “snacks,” webisodes, podcasts, user-generated and user-posted content, mashups and other Web 2.0 tools, there is a huge demand for content. These creative works often integrate pre-existing copyrighted works and often without permission from the copyright owner. Should the law be laissez-faire about this new realm of digital exploitation, or should copyright owners be able to stop such unauthorized uses of their work? The panel addresses recent copyright cases raising fair use questions in Web 2.0 environments, and their implications for the future on issues such as:

• When is unauthorized use of content on digital and Web 2.0 “fair” for copyright purposes? 
• What constitutes a transformative use in the digital context, and does that make the use fair? 
• How is impact on the copyrighted work’s market value measured in the evolving digital media sphere? 
• Practical tips for battling digital fair use issues for both copyright owners and users of content

James D. Nguyen, Cydney A. Tune

11:15  Networking Break

11:30  Moving Content Onto Mobile Platforms

• Single and multi-platform content licenses 
• User interaction with and integration of entertainment content
• Connecting with social networks
• iPhone™, BlackBerry®, Android™, BREW® and other application development
• Joint ventures between content owners, advertisers and mobile platforms/carriers
• Mobile advertising

Leonard T. Nuara, Tim O’Connor

12:30  Lunch Break

Afternoon Session: 1:45 p.m. - 5:00 p.m.

1:45  Widgets, Wikis, Web Mashups and Wizardry: Legal Issues on the New Virtual Frontier

The evolution of the Internet into a ubiquitous communications toolbox means that once fringe elements of the Internet, like widgetized content, user-edited wikis, web application mashups, and the wizardry of 3D online games and social virtual worlds are moving quickly into the mainstream, raising new legal concerns ranging from data privacy, to intellectual property misuse, to fraud, to the very nature of “virtual property.” The panel examines these emerging technologies and the legal questions raised by each. 

• Widgetized content forms the backbone of social networking sites like Facebook®, and raises concerns over copyright and trademark misuse, data privacy, and more
• User-edited wikis raise issues ranging from intellectual property misuse to defamation
• Web mashups combining content from many sources in real-time into one seemingly new application raise new intellectual property concerns - and novel defenses
• Legal issues ranging from user fraud, to theft of content, to the very nature of virtual property arise in 3D online games and virtual worlds where users interact in immersive 3D environments where users create the content and real money changes hands

Seth A. Metsch, Jeffrey D. Neuburger

2:45  Networking Break

3:00  New Music Licensing Deals and Negotiations for a Changing World

How has the world of the Internet and new technology changed the way that music is licensed for broadcast, webcast and all other new media platforms for transmission and download? Do the traditional licensing models for film, television and radio still work or are they forever changed? What types of royalties are being negotiated and what laws and court cases come into play in a world of new media and multiple platforms. If you want to use music or if you are the copyright owner, this panel explains the basics of what you need to know in the new media world.

• Traditional Media versus New Media
• Negotiating strategies
• Sources of income
• Foreign country solutions

Jeffrey J. Brabec, Todd Brabec, Ann Chaitovitz

4:00  Litigation Strategies and Best Practices to Avoid Litigation

• Whether and to what extent the DMCA protects UGV and UGC sites
• Secondary trademark infringement in the absence of a “DMTA”
• Defamation, consumer criticism, gripe sites and strategies for unmasking anonymity making sense of CDA case law
• The UGC principles and other industry “best practices”
• Circuit splits and litigation strategies

Ian C. Ballon, Andrew P. Bridges

5:00  Adjourn

Faculty

Co-Chair(s)

Leonard T. Nuara, Greenberg Traurig, LLP
Cydney A. Tune, Pillsbury Winthrop Shaw Pittman LLP

Speaker(s)

Ian C. Ballon, Greenberg Traurig, LLP
Jeffrey J. Brabec, Vice President, Business Affairs, Chrysalis Music Group USA
Todd Brabec, Former Executive Vice President, ASCAP, Music Licensing Consultant
Andrew P. Bridges, Winston & Strawn LLP
Ann Chaitovitz, Ann Chaitovitz Consulting
Seth A. Metsch, Digital Media Counsel, Legal & Business Affairs, A&E Television Networks
Jeffrey D. Neuburger, Proskauer Rose LLP
James D. Nguyen, Wildman, Harrold, Allen & Dixon LLP
Tim O'Connor, President & Chief Executive Officer, MobiNow Corp
Claudia Ray, Kirkland & Ellis LLP

Program Attorney(s)

John M. Mola, Practising Law Institute

CLE Credit

Travel Information

New York City Seminar Location

PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, New York 10019. Message Center, program days only: (212) 824-5733.

New York City Hotel Accommodations

Due to high demand and limited inventory in NYC, we recommend reserving hotel rooms as early as possible.

The New York Hilton & Towers, 1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is N495741. Reservations on line at www.hilton.com and enter the same Client File # in the Corporate ID # field to access Practising Law Institute rates.

The Warwick New York Hotel, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at www.warwickhotelny.com Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to: res.ny@warwickhotels.com