Law Seminars International Presents: An Important Two-Day Conference On Major Changes In

Copyright Law Counseling, Management and Litigation

(For this past program, we offer two options for purchase: a Homestudy (DVD and written materials) or written materials alone.)



April 14 & 15, 2008
Renaissance Seattle Hotel in Seattle, WA

Who Should Order This Homestudy

Attorneys and business executives involved with copyrighted material use, protection, and management

Why Order

The contours of copyright law have been called upon to respond to very significant changes in the past several years. The explosive expansion and exploitation of the Internet brings with it new case law pushing the envelope with regard to direct, vicarious and contributory liability . Major developments in digital rights management, especially in the area of web content challenge both transactional lawyers and litigators. As the use of software continues to expand, related copyright licensing issues and software protection and enforcement have become even more important to understand. Issues of open source and fair use are complex and far-reaching.

In this comprehensive conference, a faculty of leading copyright experts will provide the current information and practical advice that you need to keep up with today's changes in copyright law and anticipate tomorrow's in order to advise your clients and manage litigation.

~ Program Co-Chairs: Stuart R. Dunwoody, Esq., and Warren J. Rheaume, Esq.

You Will Learn About



Agenda

Monday, April 14, 2008

8:00 am

Registration & Continental Breakfast

 
8:30 am

Introduction and Overview

Kate Spelman, Esq.
Cobalt LLP / Berkeley, CA

Stuart R. Dunwoody, Esq., Program Co-Chair
Davis Wright Tremaine LLP / Seattle, WA

 
8:45 am

Establishing Copyright Ownership as the Fundamental Basis for an Effective Copyright Protection Program

Proactive strategies, including international considerations; Work Made for Hire

Kate Spelman, Esq.
Cobalt LLP / Berkeley, CA

 
9:45 am

Open Source Software: Everyone Has It In Their Code But Few Know What To Do

Why developers use open source software; benefits and risks associated with the use and distribution of software developed openly; managing developers who use open source software; considerations when licensing products that contain open source software

Ira V. Heffan, General Counsel
TopCoder, Inc. / Glastonbury, CT

 
10:30 am

Break

 
10:45 am

Fair Use and Other Copyright Misuse Defenses

Hypotheticals illustrating what is fair and not fair; derivative and transformative works; update on book digitizing

Scott G. Warner, Esq.
Garvey Schubert Barer / Seattle, WA

Kate Spelman, Esq.
Cobalt LLP / Berkeley, CA

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Digital Rights Management

What is DRM; understanding license agreements for DRM; using DRM and other content protection technologies to protect copyright; enforcement options for responding to DRM circumventions; evaluating policy/regulatory context for DRM in the US and abroad

Mary Newcomer Williams, Esq.
Microsoft Corporation / Redmond, WA

Jule L. Sigall, Esq., Senior Attorney
Microsoft Corporation / Redmond, WA

 
2:00 pm

Copyright Portfolio Management and Registration

Deciding what and when to register; registration as prerequisite to bringing suit; tactical issues in completing a registration application; evidentiary value of a registration certificate

Elke Suber, Esq., Copyright & Trade Secret Group
Microsoft Corporation / Redmond, WA

 
2:45 pm

Break

 
3:00 pm

Proof of Infringement

Direct and indirect evidence; substantial and striking similarity; independent creation defense; extrinsic/intrinsic test; depth of protection; parental responsibility; finding people outside the core infringement group

Regina V. Culbert, Esq.
Merchant & Gould PC / Seattle, WA

 
3:45 pm

Damages and Remedies for Infringement

Statutory damages and their limits; actual damages; recovery of infringer's profits; injunctive relief

Stuart R. Dunwoody, Esq., Program Co-Chair
Davis Wright Tremaine LLP / Seattle, WA

Calculating damages; identifying the proper "but-for" scenario; methods for calculating infringer's profits and plaintiff's lost profits; use of the hypothetical negotiation framework.

Jesse David, Ph.D., Vice President
NERA Economic Consulting / New York, NY

 
5:15 pm

Reception for Attendees and Faculty Sponsored by Davis Wright Tremaine LLP and Heller Ehrman LLP

 

Tuesday, April 15, 2008

8:00 am

Registration & Continental Breakfast

 
8:30 am

Introduction and Overview

Stuart R. Dunwoody, Esq., Program Co-Chair
Davis Wright Tremaine LLP / Seattle, WA

Kate Spelman, Esq.
Cobalt LLP / Berkeley, CA

 
8:45 am

New Developments on the Hill

Upcoming copyright legislation to be proposed in the 111th Congress, including orphan works legislation and music licensing reform; Copyright Office activities, including the anticircumvention rulemaking and the ringtones decision

Robert J. Kasunic, Principal Legal Advisor
United States Copyright Office / Washington, DC

 
9:30 am

Avoiding Copyright Pitfalls in New Internet Business Models and Content Delivery Technologies

Practical tips on avoiding infringment liability in developing and launching new technologies; strategic thinking at the development stage and marketing considerations

Thomas A. Smart, Esq.
Kaye Scholer LLP / New York, NY

 
10:15 am

Break

 
10:30 am

Copyright Issues on the Internet and in Digital Media

Linking, inlining, framing, and spidering; liability of online service providers; DMCA provisions; blogging search engines

Lisa T. Oratz, Esq.
Perkins Coie LLP / Seattle, WA

 
11:15 am

Social Networking

User generated content; virtual property

Steve Tapia, Esq., Law and Corporate Affairs
Microsoft Corporation / Redmond, WA

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Online Music Licensing

An essential part of every content related startup business plan should be its negotiation strategy for licensing necessary rights; what rights you need to clear and how to go about obtaining these clearances

Christian L. Castle, Esq.
Christian L. Castle Attorneys / Sherman Oaks, CA

 
2:00 pm

International Copyright Issues

EU developments and enforcement of rights in European countries.

Peter R. Crockford, Esq.
Dechert LLP / London, UK

 
3:00 pm

Evaluations & Adjourn

 


Cancellation

There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

This program qualifies for 11.5 WA CLE credits. Upon request, we will apply for CLE credits in other states and other types of credits.



Cost

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $1005. The written course materials alone are available for $100. We will ship your Homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (whichever is later).
Order Homestudy



Faculty Bios

Stuart R. Dunwoody, Program Co-Chair and partner with Davis Wright Tremaine LLP, focuses on trademark, patent, copyright and trade secrets litigation and counseling. He has been named one of the "Top 40 Intellectual Property Super Lawyers" by Washington Law & Politics and by Chambers as one of "America's Leading Business Lawyers".

Christian L. Castle, managing partner of Christian L. Castle Attorneys of Los Angeles and San Francisco, specializes in digital media, traditional music and public policy. Previously, he was of counsel to Wilson Sonsini Goodrich & Rosati, and a Senior Vice President of Business Affairs at Sony Music and Vice President of Business & Legal Affairs at A&M Records, Inc.

Peter R. Crockford, partner at Dechert LLP in London, focuses on franchising, varied commercial contracts, outsourcing and IP licensing and exploitation. He specializes in IP litigation and counseling, in addition to EU Law. He is recognized in the Legal 500 as an expert in non-contentious intellectual property matters.

Regina V. Culbert, of counsel with Merchant & Gould PC, practices general intellectual property litigation with emphasis on trademark, copyright and patent disputes. She has litigated matters involving computer software, web site design, trade dress and design copyrights, domain name disputes, and related claims of unfair business practices, theft of trade secrets and other business torts.

Dr. Jesse David, Vice President in NERA's Intellectual Property Practice, specializes in the valuation of patents and other types of intellectual property and in the estimation of damages for intellectual property litigation, antitrust matters. He has testified as an expert on a variety of economic issues and has provided litigation support.
Full bio and contact info for Jesse David at NERA Economic Consulting

Ira V. Heffan, is the General Counsel at TopCoder, Inc., a company that develops custom enterprise software with the participation of a world-wide community of developers. He he has been working with technology companies, particularly in the areas of intellectual property and community-based development.

Robert J. Kasunic, Principal Legal Advisor at the U.S. Copyright Office, has been involved with most domestic Internet, technology, and DMCA issues, including the triennial Anticircumvention Rulemaking proceedings since its inception, the Copyright Office's Orphan Works Report submitted to Congress, and the Section 104 Report mandated by Congress in the DMCA.

Mary Newcomer Williams, Senior Attorney at Microsoft Corporation, has supported product teams developing and deploying a variety of digital media technologies, including Windows Media DRM and PlayReady content access and protection technology; Windows Media Audio and Windows Media Video; and Hdi interactivity technology for HD DVD. Prior to joining Microsoft, she was Special Counsel at Covington & Burling LLP.

Lisa T. Oratz, of counsel with Perkins Coie LLP, focuses on intellectual property, technology, and entertainment law. She counsels clients on the clearance, protection, licensing and enforcement of copyrights, trademarks, and other intellectual property rights. She has drafted and negotiated licenses and works with Internet and digital media clients on privacy, content liability, advertising and contracts.
Full bio and contact info for Lisa T. Oratz at Perkins Coie LLP

Jule L. Sigall, Senior Attorney at Microsoft's Legal & Corporate Affairs department, focuses on global copyright policy. Previously, he served as Associate Register for Policy & International Affairs at the U.S. Copyright Office, where he was in charge of the Office's Report on Orphan Works, and testified on the Report before Subcommittees of the Senate and House of Representatives.

Thomas A. Smart, co-chair of Kaye Scholer LLP's Intellectual Property and Patent Litigation Practice Group, has litigated copyright, trademark, cybersquatting, false advertising, consumer fraud and unfair competition cases.

Kate Spelman, member of Cobalt LLP, is experienced in copyright, media, licensing and trademark issues. She advises clients on the development, production, sale and defense of non-patent IP and is listed in "The Best Lawyers in America."

Elke Suber, a senior attorney at Microsoft Corporation, provides advice on copyright, right of publicity, trade secrets, and related legal issues for Microsoft’s Entertainment and Devices Division and Microsoft Research. She is a member of the IP Advisory Panel for the ALI-ABA, and has published articles on copyright, trademark and Internet issues.

Steve Tapia, senior attorney in Microsoft Corporation's Law and Corporate Affairs Department, is the leader of its copyright group. He focuses on entertainment, media and intellectual property law. He was previously Senior Director of Business Development for MSN's Entertainment Channel.

Scott G. Warner, an owner of Garvey Schubert Barer, represents clients in high technology, intellectual property, art and entertainment law matters, and assists them with all aspects of their intellectual property rights and business transactions. He is listed as a "Super Lawyer." in Washington Law and Politics.



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