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Cracks in the Safe Harbor: Digital Copyright at Home and Abroad

Copyrights are granted globally and digital content on platforms is distributed globally. Therefore, publishers and digital platforms must consider a global approach to content management and copyright. In the U.S., the notice and takedown provisions of the Digital Millennium Copyright Act give platforms breathing room to avoid liability for the distribution of user generated content – though an array of new case law adds complexity to DMCA safe harbor compliance. See, e.g., BMG v. Cox, Mavrix Photographs, Vimeo, Lenz, & Grooveshark. European copyright law, on the other hand, increasingly appears to protect publishers and other rightsholders from digital platforms, which may be viewed as a threat. Recent CJEU decisions, GS Media v. Sanoma Media and Filmspeler, create uncertainty at the least, and could create, in certain circumstances, copyright liability for mere linking to infringing materials. Similarly, at both the national and EU level, copyright reforms are being
proposed and adopted that create new rights for publishers and burdens for digital platforms.

Benjamin Glatstein, Assistant General Counsel, Microsoft (Moderator)
Caleb Donaldson, Copyright Counsel, Google Inc.
Joseph C. Gratz, Partner, Durie Tangri LLP
Lisa Peets, Partner, Covington & Burling LLP


Live and Everywhere: Digital Video in the Age of Vine, Snapchat & Periscope

Remarkable advances in technology now allow every person with a smartphone, tablet or GoPro the ability to produce and distribute their own video content, immediately and globally. The recording of events from all angles presents challenges to content developers, who struggle to balance perspectives both literally and figuratively. What opportunities does this create for new types of content and distribution? What are the privacy, copyright and other content liability issues surrounding cheap easy access to live video production and distribution? How are entertainment companies and sports leagues dealing with the livecasting of paid events?

Jim Rosenfeld, Partner, Davis Wright Tremaine LLP (Moderator)
Dylan Budd, VP & Associate General Counsel, Ultimate Fighting Championship
Lauren Fisher, Chief Legal Officer, Vox Media, Inc.
Matthew Moore, Assistant General Counsel, BuzzFeed, Inc.
Dennis Wilson, Partner, Kilpatrick Townsend & Stockton LLP

Lightning Round: Roundup of Key Legal Developments

Our lightning round panel will discuss the key takeaways from new developments in topics critical to clients publishing, monetizing, and utilizing digital content, including: (1) the Lanham Act (including commercialization of online content), (2) the Computer Fraud and Abuse Act (including delegation and authorization to access on behalf others), (3) copyrightability (including APIs, and also Batmobiles), and (4) intermediary liability (including Section 230 and related protections).

Timothy Alger, Shareholder, Greenberg Traurig LLP (Moderator)
Jonathan H. Blavin, Partner, Munger Tolles & Olson LLP
Simon Frankel, Partner, Covington & Burling
Roger Myers, Partner, Bryan Cave LLP
Makesha Patterson, Litigation Counsel, Google Inc.

Copyrights and Wrongs: Reforming Copyright Overreach

Copyright law is increasingly being used – contrary to its intended purpose of incentivizing works of creation by authors and artists — by aggrieved persons wishing to remove negative or embarrassing content about them from the internet. While Section 230 and strong First Amendment protections obviate many avenues available to plaintiffs, copyright law – be it threatened or actual litigation, and/or DMCA takedown notices — is often the strongest weapon in the toolbox for those seeking to block or remove unflattering criticism, political speech, photos, and reviews. This panel will examine the problem of copyright overreach, the limitations of the current laws’ ability to deter inappropriate enforcement of copyright claims, and explore the pros and cons of various proposals to reform the law, such as a federal anti-SLAPP statute applying to copyright cases, s. 512(f) reform and restrictions on the assignment of copyrights.

Joe Petersen, Partner, Kilpatrick Townsend & Stockton LLP (Moderator)
Kelly M. Klaus, Partner, Munger Tolles & Olson LLP
Laura Prather, Partner, Haynes & Boone LLP
John Tehranian, Professor of Law, Southwestern Law School
Brad Young, Asst. General Counsel, TripAdvisor

What’s Fair is Foul: Has The Transformative Use Doctrine Transformed Copyright Law For Better or Worse?

Fair use and the bounds of the transformational use have been front and center in a range of copyright cases this past year. A panel of experts from all sides of the fair use landscape will discuss fair use as it applies to search, digitization and accessibility. Are mass digitization projects simply mass infringement? Is fair use leaving room for legitimate business models? How much transformation is enough? We’ll address all these questions and more.

Panelists: Dave Green, Assistant General Counsel, Microsoft (Moderator); Dale Cendali, Partner, Kirkland & Ellis; Joseph Gratz, Partner, Durie Tangri; Peter Menell, Professor, UC Berkeley School of Law; Joseph Petersen, Partner, Kilpatrick Townsend