Intellectual Property Rights Protection

Copyright Issues: Fair Use, the Cloud, and Social Media

Synopsis

This course provides a global look at the interaction between antitrust law and intellectual property rights.  The presenters delve into this area and provide key insights that will prove invaluable to the intellectual property attorneys.
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Outline


I.  Introduction
      A. Speakers and Topic
II. The Evolution of Fair Use
      A. How It All Began
      B. Transformativeness
      C. A Cautionary Tale - Ignoring Transformativeness
      D. The Google Books Case
III. Questions That Arise from American Broadcasting v. Aereo
      A. Uncertainties Have Certainly Arisen
      B. Cases Preceding American Broadcasting v. Aereo
         
1. Fortnightly v. United Artists andTeleprompter Corp. v. Columbia Broadcasting Systems, Inc.
          2. Cartoon Network v. Cablevision

      C. American Broadcasting Companies, Inc. v. Aereo
          1. Background
          2. Key Rulings
          3. And Here Are the Uncertainties
          4. What Constitutes a "Public Performance"?
IV.  The DMCA in Social Media
      A. An Abundance of Litigation
      B. A "But-For" Test
      C. Anything Unique About Social Media?
      D. The DMCA and Threshold Requirements
      E. Case Law
          1. Agence France Presse v. Morel
          2. More DMCA Cases
          3. Service Provider Cases
      F. Looking Forward
V.   Panel and Audience Discussion
      A. Questions Across the Panel
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Content Provided
By







The American Intellectual Property Law Association (AIPLA) is a national bar association constituted primarily of lawyers in private and corporate practice, in government service, and in the academic community, with approximately 16,000 members. AIPLA represents a wide and diverse spectrum of individuals, companies and institutions involved directly or indirectly in the practice of patent, trademark, copyright, and unfair competition law, as well as other fields of law affecting intellectual property. Our members represent both owners and users of intellectual property.

AIPLA was formed in 1897 to maintain a high standard of professional ethics, to aid in the improvement in laws relating to intellectual property and in their proper interpretation by the courts, and to provide legal education to the public and to its members on intellectual property issues.

AIPLA is governed by a Board of Directors and has a staff of 25, headed by an Executive Director, located in Arlington, Virginia. AIPLA has more than 45 administrative and substantive committees which provide education to their members and formulate proposed positions for the Board of Directors to consider adopting as Association policy.
AIPLA is also actively involved in shaping US intellectual property policy through its work on legislation, federal regulations, and intellectual property cases in the US courts.

Internationally, AIPLA has spearheaded a worldwide campaign to reduce the costs of procurement and enforcement of patents and trademarks, regularly participates in meetings of the Word Intellectual Property Organization, and maintains close relations with foreign IP officials and practitioners.

To qualify for membership, applicants must be members in good standing of the Bar of a court of record of the United States or any State. Foreign affiliate members must be able to practice in a court of general jurisdiction in their countries, or registered to practice before the Patent or Trademark Office in their country of citizenship or practice, to be considered for membership. AIPLA also has student affiliate memberships available for those regularly enrolled in a law school approved by the Association of American Law Schools and affiliate membership is available to patent agents who are registered with the USPTO. Approximately 63% of the regular members are in private practice, 33% in corporate practice, with the remainder in the government or academia. See our membership application for more information.

AIPLA conducts three regularly scheduled conferences a year, mid-winter, spring, and fall, at which the Association offers educational seminars on the latest developments in intellectual property law. In addition, AIPLA conducts several stand-alone seminars on specialized areas of intellectual property law throughout the year around the country, as well as online educational programs.

The Association produces a number of informative publications including the AIPLA Quarterly Journal (a scholarly law journal published four times a year), the AIPLA Bulletin (an overview of AIPLA meetings published electronically three times a year, and meeting papers from the regularly scheduled conferences and nationwide seminars.

The Association also provides its members online access to a membership directory. Finally, AIPLA biennially publishes the Report of the Economic Survey, providing a significant benchmarking tool for compensation and charges in the intellectual property law field.

 


Learning Objectives:





Speakers / Authors:

Photo of Ian Ballon

Ian Ballon

Ian Ballon is a shareholder in the firm of Greenberg Traurig, LLP. He is an intellectual property and Internet litigator who represents clients in copyright, DMCA, trademark, trade secret, right of publicity, privacy, security, software, database and Internet disputes and in the defense of data privacy, security breach, behavioral advertising, TCPA and other Internet-related class action suits.

Mr. Ballon is the author of the four-volume legal treatise, E-Commerce and Internet Law: Treatise With Forms 2d Edition, Thomson West 2012 Cum. Supp. and the earlier first edition, which has been cited in state and federal court opinions. He is also the author of The Complete CAN-SPAM Act Handbook (West 2008) and The Complete State Security Breach Notification Compliance Handbook (West 2009). In addition, Mr. Ballon serves as Executive Director of Stanford University Law School's Center for E-Commerce and previously served as an Adviser to the American Law Institute's Intellectual Property: Principles Governing Jurisdiction, Choice of Law, and Judgments in Transactional Disputes (ALI Principles of the Law 2007).

Mr. Ballon was named the Lawyer of the Year for information technology law in the 2016 and 2013 editions of The Best Lawyers in America and was recognized as the 2012 New Media Lawyer of the Year by the Century City Bar Association. In 2010, he was the recipient of the California State Bar Intellectual Property Law section's Vanguard Award for outstanding legal professionals who are spearheading new developments in the world of intellectual property. He has also been named one of the top 100 lawyers in California and one of the Top 75 intellectual property litigators in California by the Los Angeles and San Francisco Daily Journal. Mr. Ballon has been listed in Variety's "Legal Impact Report: 50 Game-Changing Attorneys" (2012), and was recognized as one of the top new media lawyers in the United States by CyberEsq. magazine, one of the 100 most influential lawyers in California by California Law Business, one of the top 100 lawyers in L.A. by the Los Angeles Business Journal, one of the top 50 IP Litigators in California and one of the top 25 copyright, trademark and patent lawyers in California by The Daily Journal. He is listed in Legal 500 U.S., The Best Lawyers in America in the areas of intellectual property and information technology and Chambers and Partners USA Guide in the areas of privacy and data security as well as IT and outsourcing.

In 2009, Mr. Ballon also was recognized by the Los Angeles and San Francisco Daily Journal for obtaining the third largest plaintiff's verdict in California in 2008 in MySpace, Inc. v. Wallace (over $230,000,000), which was one of a number of cases in which he and his team created new law applying the CAN-SPAM Act to social networks, construing California's anti-phishing statute and enforcing provisions in Internet Terms of Use agreements.

Mr. Ballon received his LL.M. from Georgetown Univesity Law Center, his J.D. from The George Washington University Law School in 1986, and his B.A., magna cum laude, from Tufts University in 1983.

Photo of Brandon Butler

Brandon Butler

Brandon Butler is the Practitioner-in-Residence at the Washington College of Law's Glushko-Samuelson Intellectual Property Clinic.

Before joining WCL, Mr. Butler was the Director of Public Policy Initiatives at the Association of Research Libraries (ARL), an association of 125 academic and research libraries in North America. From September 2009 to July 2013 he worked on a host of issues ranging from fair use to network neutrality to the PATRIOT Act. Working primarily on copyright issues, Butler prepared analysis and commentary on the Google Books Settlement, the Georgia State University e-reserves case, the HathiTrust, orphan works, and a wide range of litigation and legislation. He is a co-facilitator, with Peter Jaszi and Patricia Aufderheide, of the ARL Code of Best Practices in Fair Use for Academic and Research Libraries, released in January 2012. Butler still collaborates with ARL in support of library issues.

Before ARL, Mr. Butler was an associate in the Media and Information Technologies practice group at the Washington, D.C., law firm Dow Lohnes PLLC (now Cooley LLP), where he worked on copyright issues, trademark prosecution, litigation, and corporate transactions involving intellectual property. He graduated from the University of Virginia School of Law where he was Articles Development Editor at the Journal of Law and Politics, obtained an M.A. in philosophy from the University of Texas, and did his undergraduate degree at the University of Georgia.

Mr. Butler received his J.D. from the University of Virginia School of Law, his M.A. from the University of Texas at Austin, and his B.A., magna cum laude, from the University of Georgia.

Photo of Colette Vogele

Colette Vogele

Colette Vogele is a Senior Attorney at Microsoft. Her research interests include individual privacy rights, online anonymity, free expression, robotics and intellectual property. Her work has been featured on numerous programs including the New York Times Tech Talk, CNET, and This Week In Law.

Ms. Vogele previously headed her own firm where, in addition to her IP practice, she represented victims of online harassment. She was affiliated as a Fellow at Stanford Law School’s Center for Internet & Society (2004-2014), where she began the work which developed into co-founding Without My Consent in 2011. Ms. Vogele is a coauthor of the 2014 WMC study on online harassment.

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Price (USD)

Standard Rate: $149.00
Subscribers: FREE
Pillsbury U Online: $149.00

Details

Course Code : 772502

Release Date: 01/28/2016


Length: 1hr 19min
Recorded Date: 10/23/2015


Format Type: eLearning
Mobile Compatible


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