Thursday, March 16, 2023
ASU California Center at the Herald Examiner Building
1111 S Broadway | Los Angeles, CA 90015
About the Symposium
Through the Copyright Symposium, The McCarthy Institute at ASU Law and the UCLA Institute for Technology, Law and Policy will bring together the foremost copyright scholars, practitioners, and industry leaders to engage with cutting-edge issues within copyright law.
In recognition of one of the most significant copyright cases to come before the United States Supreme Court in the new millennium, the inaugural theme for the Symposium is “Transform: A New Horizon for Copyright.” Content will focus on a variety of the most significant issues in copyright law today.
Programming
Keynote: David Nimmer
David Nimmer is of counsel to Irell & Manella LLP in Los Angeles, California. He also serves as Professor from Practice at UCLA School of Law and Distinguished Scholar at the Berkeley Center for Law and Technology. He has lectured about copyright at law schools and symposia around the world (and in a variety of languages).
Since 1985, Prof. Nimmer has authored and updated Nimmer on Copyright, the standard reference treatise in the field, first published in 1963 by his late father, Professor Melville B. Nimmer. The U.S. Supreme Court has cited Nimmer on Copyright on numerous occasions, as has every federal appellate court, countless district and state courts, as well as courts confronting copyright cases in countries across the globe.
Introductory Remarks: J. Thomas McCarthy
J. Thomas McCarthy is a Professor Emeritus at the University of San Francisco School of Law. He is the founding director of the McCarthy Institute of Intellectual Property and Technology Law. For over twenty years until 2022, he was of counsel with Morrison & Foerster LLP, based in its San Francisco office. He has practiced, written and taught in the field of trademarks and unfair competition for 60 years.
McCarthy is the author of the seven-volume treatise McCarthy on Trademarks and Unfair Competition, published by Thomson Reuters both in print and online at Westlaw. This treatise is in its fifth edition and has been in print for 50 years. It has been cited as an authority in almost 8,000 judicial decisions, including sixteen U.S. Supreme Court cases. McCarthy is also a co-author with Professor Roger E. Schechter the two-volume treatise The Rights of Publicity and Privacy (Thomson Reuters) and the reference book McCarthy’s Desk Encyclopedia of Intellectual Property (co-authored by Roger E. Schechter and David J. Franklyn (Third edition 2004, BNA)).
Panel Topics
Focusing on diversity, equity, inclusion, and access within copyright law. Examining whether copyright law fails to protect diverse, nontraditional creators and communities. Exploring ways majority companies and creators can properly honor and collaborate with traditionally underrepresented communities.
This panel will examine how technological developments are impacting key concepts in copyright law, such as transformative fair use, originality, creativity, and authorship. Topics include the streaming revolution, TikTok and other content platforms, memes, NFTs, fan-created works and products in digital marketplaces, deepfakes, digital enforcement mechanisms, and others.
How will these rulings will impact the day-to-day practice of copyright law across various industries? Examining different practical approaches to fair use.
Who is the “reasonable viewer” for different mediums in copyright law? How does the reasonable viewer understand art/music and other AV works? How could courts benefit from specialized experts or other forms of expertise in evaluating relevant viewer perceptions about what is transformative?
This panel explores the legal complexities of Copyrightable material in the AI realm, including: authorship, ownership, liability, and the consequences of training AI systems with copyrighted works.
Keynote Presentation
- Harper Row Publrs. v. Nation Enters.
- Nimmer: Fairest of them All and Other Fairy Tales of Fair Use
- Campbell v. Acuff-Rose Music Inc.
Copyright Justice
- Women in the Copyright System
- Greene: Thieves in the Temple
- Scafidi: Who Owns Culture?
- US Copyright Office Strategic Plan 2022-2026
- Greene: The Future is Now
- Greene: “Copynorms”
- Greene: Copyright Culture & Black Music
Transforming Technologies
Transformation in Practice
Viewing the Viewer
- Quill Ink Books v. Soto: First Amended Complaint
- Quill Ink Books v. Soto: Defense Answer and Counterclaim
- Viewing the Viewer Emiprical Evidence Research
Rapid Evolution
- Stability AI Class Action Complaint
- Lemley & Casey: Fair Learning
- Getty Images v. Stability AI Complaint
- Thaler v. Perlmutter: Plaintiff’s MSJ and Brief ISO
- Thaler v. Perlmutter: Defendant’s Response & Cross MSJ
- Thaler Reply
- Generative AI Article
- Zarya of the Dawn Letter from US Copyright Office
- Thaler v. Perlmutter: Copyright Office Decision
- Does v. GitHub, Microsoft, OpenAI
- Anderson v. Stability AI, Midjourney, DeviantArt
Panelists
- Todd Adler – Managing Counsel in the Patent, Trademark & Copyright Group at Oracle
- Nathaniel Bach – Entertainment Litigation Partner, Manatt, Phelps & Phillips, LLP
- Ian Ballon – Co-Chair, Global Intellectual Property & Technology Practice Group, Greenberg Traurig, LLP
- Elana Nightingale Dawson – Partner, Latham & Watkins LLP
- Angela Dunning – Partner, Cooley LLP
- Sean Durkin – Senior Engagement Manager, Keystone Strategy
- Judith Finell – President, Judith Finell MusicServices, Inc. & Adjunct Professor, Musicology UCLA
- Lily Fizzy – Vice President, Business Affairs at Sony Pictures Television Studios
- David Franklyn – Professor and Director of The McCarthy Institute at the Sandra Day O’ Connor College of Law at ASU
- Bobby Ghajar – Partner, Cooley LLP
- KJ Greene – Professor of Law, Southwestern Law School
- Tom Hentoff – Partner at Williams & Connolly LLP
- Markus Hopkins – Senior Counsel, Intellectual Property, Paramount
- Annette Hurst – Global Leader of Tech Sector at Orrick, Herrington & Sutcliffe LLP
- Nick Huskins – Senior Corporate Counsel, IP at Amazon Studios and Prime Video
- Stacey Lantagne – Professor of Law, Western New England School of Law
- Mark McKenna – Professor of Law, UCLA Law School
- Kate McMorrow – Associate, Knobbe Martens
- Sofia Castillo Morales – Assistant General Counsel at Smithsonian Institution
- Louis Tompros – IP Litigation Partner, WilmerHale
- Dr. Trevor Reed – Associate Law Professor, Sandra Day O’ Connor College of Law at ASU
- Lindsey Schneidman – Associate, Lewis Roca Rothgerber Christie
- Susan Scafidi – Founder & Director of the Fashion Law Institute
- Ian Slotin – SVP, Intellectual Property, NBCUniversal
- Krishna Sood – Assistant General Counsel, Microsoft
- Jeff Tang – Senior Counsel, Intellectual Property, Circle, LLP
- Xiyin Tang – Assistant Professor of Law, UCLA Law
- Suzy Wilson – General Counsel, US Copyright Office
- Yasmin Youssef – Counsel, National Football League
Schedule
Wednesday, March 15
6:00 p.m. | Welcome Banquet at the Palm L.A. – Downtown
1100 S. Flower Street, Los Angeles, CA 90015
Thursday, March 16
8:00 – 8:30 a.m. | Breakfast
8:30 – 8:45 a.m. | Introductory Remarks
8:45 – 9:30 a.m. | Keynote Address
9:40 – 10:55 a.m. | Panel 1: Transforming Technologies
11:05 a.m. – 12:20 p.m. | Panel 2: Copyright Justice
12:20 – 1:00 p.m. | Lunch
1:00 – 2:15 p.m. | Panel 3: Transformation in Practice
2:25 – 3:40 p.m. | Panel 4: Viewing the Viewer
3:50 – 5:05 p.m. | Panel 5: AI and Copyright
5:15 – 7:00 p.m. | Reception
Pricing Information
- Early Bird (through Feb 15th): $75 in person | $30 virtual
- Standard (through Mar 10th): $100 in person | $40 virtual
- Late (after Mar 10th): $125 in person | $50 virtual
- In-house counsel: Free
- Welcome banquet: $50 (Optional)
CLE Information
AZ CLE
The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 6 hours toward your annual CLE requirement for the State Bar of Arizona, including 0 hour(s) of professional responsibility.
CA CLE
UCLA School of Law is a State Bar of California-approved MCLE provider. Some sessions are approved for MCLE credit. Please refer to specific sessions below for MCLE credit hours available.
UCLA School of Law is a State Bar of California approved MCLE provider. This session is approved for 0.5 HOUR(S) of general MCLE credit.
UCLA School of Law is a State Bar of California approved MCLE provider. This session is approved for 1.25 hours of recognition and elimination of bias MCLE credit.
UCLA School of Law is a State Bar of California approved MCLE provider. This session is approved for 1.25 HOUR(S) of general MCLE credit.
UCLA School of Law is a State Bar of California approved MCLE provider. This session is approved for 1.25 HOUR(S) of general MCLE credit.
UCLA School of Law is a State Bar of California approved MCLE provider. This session is approved for 1.25 HOUR(S) of general MCLE credit.
UCLA School of Law is a State Bar of California approved MCLE provider. This session is approved for 1.25 HOUR(S) of general MCLE credit.
Other Jurisdictions CLE
In states other than California and Arizona, it is the responsibility of the attendee to verify that this Symposium will qualify for CLE in that state. We will provide a certificate of attendance for everyone who attends.
Thank You to Our Sponsors!
About the McCarthy Institute
The McCarthy Institute at ASU Law sits at the intersection of intellectual property law, marketing, technology, and consumer behavior. A joint-program with Arizona State University’s Sandra Day O’Connor College of Law, The McCarthy Institute conducts regular symposia, workshops, networking groups, and pursues original IP and branding research and scholarship.
About the UCLA Institute for Technology, Law and Policy
A partnership between UCLA School of Law and UCLA Samueli School of Engineering, the Institute for Technology, Law & Policy examines the benefits and risks presented by technologies such as artificial intelligence and machine learning, robotics, cybersecurity, and digital media and communications.
These and other rapidly evolving technologies raise questions germane to the outcome of ethical and public policy issues, and the applicability and utility of current laws and regulations that govern their use.