Technology and Entertainment Convergence 2010: Hot Business and Legal Issues in "Technotainment" (Groupcast Location)

Overview

Co-Sponsored by New Jersey Institute for Continuing Legal Education

Why You Should Attend

This year’s program is completely revised to include today’s major legal and business issues in the convergence of entertainment and technology. The program brings together a faculty of experienced in-house lawyers, law firm attorneys and senior business executives on the cutting edge of this burgeoning practice. The expert faculty explores new copyright and licensing litigation; the current state of digital music business model and legal issues; how technology continues to shape entertainment deals; virtual worlds, virtual goods and virtual currencies legal issues; the growth of games beyond consoles; and the latest on character and publicity rights. 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

• The scope of fair use and ISPs’ content infringement responsibilities
• The impact of technology on licensing “windows” and the changing landscape of character infringement
• Past and current digital music business models and legal issues
• How technology is shaping entertainment deal-making: emerging business models, strategies and funding options
• Virtual world legal issues associated with user-generated content, social networking, virtual goods and currency, and mirror worlds
• Legal issues related to gaming, social networked applications, and the new virtual world credit system
• Patent litigation exposures
• Character rights and rights of privacy and publicity

Who Should Attend

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

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.

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.

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  Program Overview

Cydney A. Tune

9:15  Crossroads in the Bitmap: Litigation Impacting the Convergence of Entertainment and Digital Technologies

Technology and digitization have redefined the very nature of copying, creating new and instantaneous means of duplicating and transmitting content. What can and must be protected? Have the rules themselves changed? Our panelists will discuss the key cases form the past year that raise these intermingled technology and legal issues, focusing on such questions as:

• The scope of fair use and how it is used by business entities. Can companies stand in the shoes of consumers?
• The respective responsibilities of ISPs and content owners to search out online infringement
• Whether large scale commercial copying of copyrighted content  should be permissible
• The impact of  technology on licensing "windows"
• Whether BitTorrent sites are by their very nature  infringing
• The impact of technology on traditional licensing "windows"; and the changing landscape of character infringement

Carole E. Handler, Carla Miller

10:15  New Music Licensing Deals: 2010 And Beyond

The Internet has not only affected the way music is licensed in the online world but has also significantly changed the traditional licensing models for television, film, radio, videogames, records and other music uses.

This panel will discuss the current formulas, negotiations, business practices and rate setting procedures affecting the creators of music (songwriters, composers and recording artists), the business entities of music (music publishers, labels, collection societies) and the users of music (music service providers, broadcasters) including:

• How license fees and royalties are arrived at and paid
• The role that Rate Courts, Copyright Boards and Tribunals, legislation and private negotiations have in the process
• How foreign countries are dealing with these issues
• How the deals are affecting the “traditional” worlds of music licensing

Jeffrey J. Brabec, Todd Brabec, Seema Burke

11:15  Networking Break

11:30  Creative New Business Models - How Technology is Shaping Entertainment Deal Making

Dealmakers from both sides of the equation talk about emerging business models, strategies, funding options and pitfalls in the age of new technologies.  The discussion will include some of the issues and opportunities created by emerging distribution streams and some of the ways in which companies and talent are coping.

Benjamin Mauceri, Richard D. Thompson

12:30  Lunch Break

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

1:45  Legal issues with Virtual Worlds, Virtual Goods and Virtual Currencies

The user generated content and social networks have shifted the balance of power from big business to consumers and small business. Additionally, virtual worlds and games are leveraging these phenomena and are increasingly being used for business applications. These trends are driving new business models. These and other factors result in unique and emerging legal issues.  This segment will focus on some of the unique and emerging legal issues associated with:

• User generated content
• Social networking
• Virtual worlds
• Virtual goods
• Virtual currency
• Mirror worlds

James G. Gatto, Seth A. Metsch

2:45  Technology Remains the Driver of Entertainment:  From Game Consoles as Digital Distribution Devices and Work Out Coaches; to 3d Animation to Television and Social Networks as an Entertainment Hub, New Media Renews the Content vs. Distribution Debate

• The continued growth of the internet is driving many changes in entertainment. 
• Increased broadband penetration is making digital distribution a medium of the present.
• The growth of Facebook® (approx. 500M users), other social networking sites, and smart phones has made social networked applications a major growth sector of the interactive space.  
• Online gaming continues to drive a virtual world with real money being spent on virtual goods and the introduction of new forms of payment (e.g. Facebook® credits, offers/surveys, mobile, prepaid card, dial-tone, coin-kiosks, parent-approved payments, etc.)
• Discussion will identify what many of these games / applications are, who the players are, the reasons for success and the impact such is having on the interactive space, both on the companies that make the games and consumers.  

Legal Issues:

• Rights issues - if "online" rights have been granted does this cover MMO's, console based online multi-player, promotional web-based games, streaming and/or social network games?
• Continued exposure for patent litigation
• Rights of privacy and publicity
  - Ownership/control of end-user generated content and originated content; associated liability
  - Ownership and control of end-user contact information and other personal data in socially networked game

Steven Bercu, Sean F. Kane

3:45  Networking Break

4:00  Character and Publicity Rights: The Current State of the Law, and Future Challenges for Rights Owners

Attendees will learn what legal protections are available to characters, both fictional and real, and how these protections affect creation, exploitation, and rights enforcement

Jay Kogan

5:00  Adjourn

Faculty

Chairperson(s)

Speaker(s)

Program Attorney(s)

CLE Credit

Travel Information

New Jersey Groupcast Location

New Jersey Institute for Continuing Legal Education, One Constitution Square, New Brunswick, NJ 08901-1520. 732-249-5100.