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New Copyright Developments on Copying, Public Display, and De Minimis in Computer Data


Level: Advanced
Runtime: 62 minutes
Recorded Date: January 25, 2022
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Agenda

  • Bell v. Wilmott case procedure and status
  • Facts
  • Holdings
  • Other cases and jurisdictional differences
  • Implications, Technological, Copyright and Ethics
Runtime: 1 hour, 2 minutes
Recorded: January 25, 2022

For NY - Difficulty Level: For experienced attorneys only (non-transitional)

Description

Learn new copyright principles regarding the meaning of "copy" in computer-based technology and data base storage, including new Ninth Circuit interpretations of the Title 17 statutory terms "public display" and "substantial similarity" and new interpretations of de minimis use. The program covers the different emphases and nuances among various appellate jurisdictions including the newly decided Bell v. Wilmott Storage Services (September 2021), an infringement action based on a cityscape photograph.

This program was recorded on January 25th, 2022.

Provided By

American Bar Association
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Panelists

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Kenneth D. Freundlich

Partner
Freundlich Law

With approximately 30 years of experience, Kenneth D. Freundlich is a business, entertainment, and IP attorney, renowned for representing individuals and companies with his pragmatic aggressiveness, relatability, business acumen, and ability to handle everything from everyday business disputes to complex, ground-breaking cases. Ken is licensed to practice in the state and federal courts of New York and California (among other courts) and has had notable successes in multiple arenas, from California Labor Commissioner proceedings, IFTA arbitrations, Copyright Rate Court proceedings, and Guild arbitrations, to trial and appellate courts (including the United States Supreme Court).

With approximately 30 years of experience, Kenneth D. Freundlich is a business, entertainment, and IP attorney, renowned for representing individuals and companies with his pragmatic aggressiveness, relatability, business acumen, and ability to handle everything from everyday business disputes to complex, ground-breaking cases. Ken is licensed to practice in the state and federal courts of New York and California (among other courts) and has had notable successes in multiple arenas, from California Labor Commissioner proceedings, IFTA arbitrations, Copyright Rate Court proceedings, and Guild arbitrations, to trial and appellate courts (including the United States Supreme Court).

A proud graduate of UCLA's joint JD/MBA program, Ken is one of the few attorneys who does not shy away from the quantitative or business side of cases. Whether it is grilling the opposing party's experts about complex royalty statements, unraveling a party's intricate corporate structures and related corporate issues, or negotiating and drafting a settlement that maximizes a client's bottom line, Ken has the tools and experience for success.With approximately 30 years of experience, Kenneth D. Freundlich is a business, entertainment, and IP attorney, renowned for representing individuals and companies with his pragmatic aggressiveness, relatability, business acumen, and ability to handle everything from everyday business disputes to complex, ground-breaking cases. Ken is licensed to practice in the state and federal courts of New York and California (among other courts) and has had notable successes in multiple arenas, from California Labor Commissioner proceedings, IFTA arbitrations, Copyright Rate Court proceedings, and Guild arbitrations, to trial and appellate courts (including the United States Supreme Court).

A proud graduate of UCLA's joint JD/MBA program, Ken is one of the few attorneys who does not shy away from the quantitative or business side of cases. Whether it is grilling the opposing party's experts about complex royalty statements, unraveling a party's intricate corporate structures and related corporate issues, or negotiating and drafting a settlement that maximizes a client's bottom line, Ken has the tools and experience for success. A proud graduate of UCLA's joint JD/MBA program, Ken is one of the few attorneys who does not shy away from the quantitative or business side of cases. Whether it is grilling the opposing party's experts about complex royalty statements, unraveling a party's intricate corporate structures and related corporate issues, or negotiating and drafting a settlement that maximizes a client's bottom line, Ken has the tools and experience for success.

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Alexandra Darraby

Founder & Principal
The Art Law Firm

Alexandra Darraby is a founder and principal of The Art Law Firm, a leading authority on arts, new media, technology, intellectual property, estates and trusts, insurance and risk management, and architecture. She advises collectors, curators, corporations, government agencies, insurance brokers and insureds on valuation, collection maintenance and management, exhibition and museum loans, and cross-border trade and duty.

Ms. Darraby authored the seminal art appraisal and valuation materials, taught appraisal law for the American Society of Appraisers, and the Appraisers Association of America, represents clients on valuation and appraisals on transactions and in court, and mediation. Comments, podcasts and interviews on the art markets, conservation, appraisal, museums and more appear in the New York Times, the Los Angeles Times, Art&Auction, Newsweek.com, MSNBC.com, NPR The World, Smithsonian Institution. Ms. Darraby is a consultant and court appointed expert on criminal and civil matters and served as an art specialist in Russia for the U.S. Department of State, and a consultant to other federal and local governmental offices. Ms. Darraby is invited keynote around the world.

Ms. Darraby Chairs Ethics and is Founding Chair of New Media for the ABA, International Section, Governing Committee for the Forum on Entertainment & Sports, Officer of the California State Bar International Section and incoming Vice-Chair, and a member of the Editorial Board of the Entertainment Sports Law Journal. Former professor Darraby is a Phi Beta Kappa, summa cum laude graduate, a B.A. from UCLA, a JurisDoctor from Boalt Hall, and a Master of Arts in East Asia from Berkeley. A Visiting Professor at University of Maine Law School and an adjunct at Pepperdine Law School, Ms. Darraby is the author of the comprehensive legal treatise anchoring the field, ART, ARTIFACT, ARCHITECTURE & MUSEUM LAW (Vol. 1 & 2: 18th ed.) published by Thomson Reuters West.


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