Advanced Seminar on Copyright Law 2010

Overview

Why You Should Attend

Copyright law has become an increasingly complex area in the face of new technologies and new ways of doing business. To help you keep up-to-date and provide the sophisticated, pragmatic legal advice your clients expect, PLI has brought together a group of leading experts on copyright law. The speakers at this advanced seminar will address critical issues in copyright law, drawing on their extensive experience and judgment. 

Current issues will be examined in the context of developed law and proposals and prospects for future change. Important litigation and licensing issues will be reviewed, as well as the impact of new technology, and copyright ownership and other major issues. The faculty will invite and answer questions to be sure those attending the program receive information relevant to their practice.

What You Will Learn

• Review current key cases and hot issues
• Explore fair use, including Salinger and Rowling
• Understand statutory damages
• Learn about secondary liability
• Obtain must-read copyright licensing case law
• Review the Google Books Settlement and the future of digital-libraries
• Navigate Internet issues and developments
• Get guidelines for injunctions after eBay
• The Hot News Misappropriation Doctrine

Who Should Attend

Experienced practitioners in the field of copyright law who need to know the latest developments in this field.

Special Features

Live Webcast - Simultaneous live webcast of the New York 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 receive a complimentary copy of PLI's comprehensive Course Handbook. This softcover, bound volume was written to augment this 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

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

9:00  Introduction

Richard Dannay

9:15  Google Books Settlement

• The author and publisher litigations
• Background of the proposed settlement
• Summary of the key settlement terms
• Objections to the settlement: who, what, why, the Government, Google’s competitors
• Settlement agreement amendments; the court approval process 
• Future digital-library prospects

10:15  J.D. Salinger and Other Reflections on Fair Use

• The Salinger case
• Shepard Fairey, the Harry Potter Lexicon and other recent fair use cases
• Preliminary and permanent injunctions and the impact of the eBay and Winter Supreme Court cases
• The evolving meaning of “transformative use”
• "Market Harm" and the other fair use factors
• Free speech considerations for issues of liability and remedies

Edward H. Rosenthal 

11:15  Break

11:30  Indispensable Copyright Licensing Case Law

• Essential must-read case law on copyright licensing
• How these cases affect drafting
• New-technology-rights cases and court interpretations of the scope of (ambiguous) grants of rights
• Breach of covenant versus breach of condition
• Contractual termination and rescission
• Statutory termination under sections 203 and 304(c)

Gloria C. Phares

12:30 - 1:45  Lunch
 
Afternoon Session:  1:45 p.m. - 5:00 p.m.

1:45  Copyright, Hot News, and the Internet

• The Hot News Misappropriation Doctrine
• AP v. All Headline News Corp
• Other recent case law
• The copyright preemption defense
• Modern Web content issues
• Creators versus consumers: Resolving the tension

Benjamin E. Marks

2:45  Secondary Liability

• Contributory infringement: test and factors
• Vicarious infringement: test and factors
• Inducement: test and factors
• Direct copyright infringement compared
• Key case law on secondary liability
• Secondary liability issues in the Internet context

Lori E. Lesser 

3:45  Break 

4:00  Statutory Damages

• When must the copyright holder register to be entitled to statutory damages
• Is a copyright owner entitled to statutory damages for the continuation of post-registration infringements that commenced pre-infringement
• Multiple infringers, multiple infringements, multiple awards
• How many awards of statutory damages may the copyright owner obtain for an unauthorized compilation of the owner’s separately copyrighted works
• Election of statutory damages over actual damages: when, how, and the effect on appeal
• Measuring the amount of a statutory damages award: what are the guidelines and the licensing analogies

Faculty

Chairperson(s)

Speaker(s)

Program Attorney(s)

CLE Credit

Travel Information