Law Seminars International Presents

An Important Two-Day Conference On Major Changes In

Copyright Counseling, Management, and Litigation

April 4 & 5, 2007
Meydenbauer Conference Center in Bellevue, WA
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Who Should Order Homestudy

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

Why Order

Of all the types of intellectual property law, copyright law has had the most significant changes in the past several years. With the explosive use of the Internet, cases such as Napster and its progeny, including Grokster, have pushed the envelope with regard to vicarious liability and other copyright issues. The Digital Millennium Copyright Act (DMCA) created a whole new matrix for service providers on the web and provided owners of copyrights a mechanism for obtaining immediate relief from copyright-infringing activities on web sites, while still providing copyright-infringement safe harbors for web site providers and connectivity providers for the actions of their users and customers in certain situations. Moreover, as the use of software continues to expand, related copyright licensing issues and software protection and enforcement issues have become even more important to understand. Issues of substantial similarity, potential damages and fees, and the fair use defense are complex and far-reaching. This seminar will review current developments in copyright litigation and legislation and provide attendees with valuable insights in spotting potential problems and advising clients on a wide range of copyright issues. ~ Program Co-Chairs: Stuart Dunwoody, Esq., and Warren Rheaume, Esq.

What You Will Learn

~ Legislative changes; prospects under the new Congress ~ Internet & digital media copyright issues ~ Remedies for infringement; economic analysis trends for copyright damages ~ Fair use, First amendment & copyright misuse defenses ~ Copyright ownership and portfolio management ~ Open source software ~ Arts, music & entertainment copyrights ~ What's new in Canada ~Avoiding copyright pitfalls in Internet business and content delivery technologies

What Attendees Said

~ You guys did a great job, as usual, and I found the seminar to be very informative. Thanks! ~ Outstanding program of talented and experienced professionals in this space; appreciate all your work to bring them together for us. ~ Thank you for your commitment to providing us with world class education opportunities.

Agenda

Wednesday, April 04, 2007

8:00 am Registration & Continental Breakfast
8:30 am Introduction & Overview
  Copyright Counseling & Litigation - New Developments
  Stuart R. Dunwoody, Esq., Program Co-Chair
Davis Wright Tremaine LLP / Seattle, WA
  Warren J. Rheaume, Esq., Program Co-Chair
Heller Ehrman LLP / Seattle, WA
8:45 am Establishing Copyright Ownership as the Fundamental Basis for an Effective Copyright Protection Program
  Co-authorship; consequences of co-ownership; work for hire, including academic exception; transfer of copyright ownership; dealing with orphan works; controlling jurisdiction in ownership disputes
  Katherine C. Spelman, Esq.
Cobalt LLP / Berkeley, CA
9:45 am Open Source Software: Everyone Has It In Their Code But Few Know What to Do
  A closer look at some of the most pressing issues
  Stacy A. Snowman, Esq.
DLA Piper / San Francisco, CA
10:30 am Break
10:45 am Fair Use, First Amendment and Copyright Misuse Defenses
  Hypotheticals illustrating what is fair and not fair; derivative and transformative works; update on book digitizing
  Stuart R. Dunwoody, Esq., Program Co-Chair
Davis Wright Tremaine LLP / Seattle, WA
  Warren J. Rheaume, Esq., Program Co-Chair
Heller Ehrman LLP / Seattle, WA
12:00 pm Lunch (on your own)
1:15 pm Copyright Issues on the Internet and in Digital Media
  Linking, inlining, framing, and spidering; liability of online service providers; DMCA provisions; user generated content; blogging; video communities; social networking sites; search engines; online music
  Lisa T. Oratz, Esq.
Perkins Coie LLP / Seattle, 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 F. Suber, Esq.
Microsoft Corporation / Redmond, WA
2:45 pm Break
3:00 pm Proof of Infringement and Liability (Including Vicarious and Contributory Liability)
  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 & Remedies for Infringement
  Statutory damages and their limits; proof of economic damages; theories for apportionment of profits; effective audits and enforcement of injunctions
  Shelley M. Hall, Esq.
Stokes Lawrence, P.S. / Seattle, WA
  Leslie C. Ruiter, Esq.
Stokes Lawrence, P.S. / Seattle, WA
  Trends in economic analysis for copyright damages
  Michael A. Einhorn, Ph.D., Director
CONSOR / North Caldwell, NJ
5:00 pm Reception for Attendees and Faculty Sponsored by Davis Wright Tremaine LLP and Heller Ehrman LLP

Thursday, April 05, 2007

8:00 am Registration & Continental Breakfast
8:30 am Introduction & Overview
  Stuart R. Dunwoody, Esq., Program Co-Chair
Davis Wright Tremaine LLP / Seattle, WA
  Warren J. Rheaume, Esq., Program Co-Chair
Heller Ehrman LLP / Seattle, WA
8:45 am Avoiding Copyright Pitfalls in New Internet Business Models and Content Delivery Technologies
  Practical tips on avoiding infringement 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
9:30 am New Developments On the Hill
  Upcoming copyright legislation to be proposed in the 110th Congress, including orphan works legislation and music licensing reform; Copyright Office activities, including the anticircumvention rulemaking and the ringtones decision
  David O. Carson, Esq., Associate Register for Policy & International Affairs
United States Copyright Office / Washington, DC
10:15 am Break
10:30 am Copyrights in the Creative Arts
  Fundamentals, differences and trends
  O. Yale Lewis, Jr., Esq.
Hendricks & Lewis / Seattle, WA
11:15 am Entertainment Copyrights
  Video games and other new electronic media, including the use of entertainment and sports figures
  Steve Tapia, Esq., Senior Attorney, Law and Corporate Affairs
Microsoft Corporation / Redmond, WA
12:00 pm Lunch (on your own)
1:15 pm International Copyright Issues
  New copyright laws in Canada
  Pierre Robichaud, Esq.
Andrews Robichaud / Ottawa, Canada
  Practical tips: How do you create a work in the U.S. and protect it in other places outside the U.S.?
  Richard Raysman, Esq.
Thelen Reid Brown Raysman & Steiner LLP / New York, NY
3:00 pm Adjourn

Cancellation

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

Continuing Education Credits

This program qualifies for 11.25 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, is a partner in the Seattle office of Davis Wright Tremaine LLP where his practice focuses on intellectual property litigation and counseling, technology and media litigation for patent, trademark, and trade secret infringements. He is listed in "America's Leading Business Lawyers"-Chambers USA, "Best Lawyers in America," and has been named one of the "Top 40 Intellectual Property Super Lawyers" by "Washington Law & Politics".

Warren J. Rheaume, Program Co-Chair, a shareholder in Heller Ehrman LLP's Intellectual Property Litigation Practice Group, focuses his practice on intellectual property litigation with particular emphasis on copyright, trademark and trade secret issues including non-competition agreements. He also is a member of Washington State Bar's Alternative Dispute Resolution Section.

David O. Carson is the Associate Register for Policy and International Affairs, United States Copyright Office, Library of Congress, with responsibility for the Office's regulatory activities, litigation, administration of the copyright law, and providing liaison between the Office and Congress, the Department of Justice and other agencies, the courts, and the legal community.

Regina V. Culbert,of counsel with the Seattle office of 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.

Michael A. Einhorn, Director at CONSOR Intellectual Asset Management, is a leading economic expert active in the areas of intellectual property, media, entertainment, licensing, valuation, and antitrust. He is a member of the Gerson Lehrman Group, the author of the book Media, Technology, and Copyright: Integrating Law and Economics, and an Adjunct Professor of Law at Rutgers University.

Shelley M. Hall, shareholder in the Seattle law firm of Stokes Lawrence, P.S., practices in complex commercial litigation, intellectual property litigation and media law. She represents parties at the trial and appellate levels in state and federal court, as well as before the Trademark Trial and Appeal Board.

O. Yale Lewis, Jr., a Hendricks & Lewis partner, is an experienced litigator with an extensive background in copyright, trademark, unfair competition, trade secret, publicity rights, defamation, arts, sports, and entertainment law. He has represented Jimi Hendrix’s father, Anita Baker, Buddy Holly’s widow, Kurt Cobain’s widow and daughter, George Clinton of Parliment and Funkadelic, radio personality"Delilah",glass artist Chihuly, the Jonas Salk Trust and on-line game company WildTangent, Inc.

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 technology and content licenses, and entertainment related agreements, and works with Internet and digital media clients on privacy, content liability, advertising and contracts.

Richard Raysman, founding partner at Thelen Reid Brown Raysman & Steiner LLP, concentrates on computer law, outsourcing and intellectual property issues. He is a member of the International Association of Defense Counsel, past Chair of the Business Law Section of the New York State Bar Association and past Chair of its Finance Committee.

Pierre Robichaud, founding partner of Andrews Robichaud, is a professional engineer, an Intellectual Property lawyer, and a Registered Trademark agent. He advises clients on copyright and industrial design matters, including applications, registration and infringement, and is involved in litigation of the protection and enforcement of intellectual property and related rights. He currently sits on the Trade Dress Committee of the International Trademark Association (INTA).

Leslie C. Ruiter, shareholder at Stokes Lawrence, P.S., practices in intellectual property, including U.S. and foreign trademark counseling, copyright infringement, software protection, domain names disputes, internet and search engine issues, music copyright analysis, sound and 3-D trademarks, IP licensing, and unfair competition. She handles intellectual property litigation in Federal Courts and before the U.S. Patent and Trademark Office, the Trademark Trial & Appeal Board, and the Federal Circuit Court of Appeals.

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. He has written and lectured on copyright, trademark and other intellectual property issues, including "The Advantage of Venue in Trademark and Dilution Actions".

Stacy A. Snowman, partner with DLA Piper, San Francisco, focuses on intellectual property issues for technology companies. She handles international technology licensing, Internet, commercialization of government technology, software licensing and multimedia transactions, intellectual property audits, outsourcing transactions, distribution, dealer, VAR, ISV, OEM Agreements, licensing, warranty and related issues.

Katherine C. 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. Her special expertise is in cutting edge copyright matters. She is listed in "The Best Lawyers in America."

Elke F. Suber, an attorney with the Copyright and Trade Secret Group at Microsoft, provides legal advice and support to Microsoft's Entertainment and Devices Division, including Microsoft's XBOX division and Microsoft Research, among other areas of the company, on complex copyright issues.

Steve Tapia, senior attorney in Microsoft's Law and Corporate Affairs department, specializes in copyright law and has practiced entertainment, media and intellectual property law. Previously he was Senior Director, Business Development, of MSN’s Entertainment Channel and led the business development team for Microsoft’s music download service, MSN Video, and MSN’s initial forays into video-on-demand.