Aereo Now: Digital Disruption or Business as Usual?

On June 25, 2014, the US Supreme Court handed down a 6-3 ruling in American Broadcasting Companies v. Aereo, a case that lawyers and non-lawyers alike argued would have major repercussions for copyright law, as well as the development of technologies ranging from Internet television services to “cloud locker” storage.  In the several months since, copyright owners, technology providers and courts have grappled with Aereo‘s true impact.

Join our panel of experts for a discussion of the Aereo ruling, cases including the Dish decision and the Aereo remand, and the ways in which Aereo may have a lasting effect on copyright law.

Moderator
Lee Knife is the Executive Director of the Digital Media Association (“DiMA”) a Washington, D.C. trade organization that represents digital media companies including Apple’s iTunes, Google/YouTube, Microsoft, Rhapsody and many others. Lee is responsible for all aspects of the association’s business, from legislative and lobbying efforts to administrative matters. He handles negotiations and arbitrations associated with sound recording and musical composition royalty rates. Prior to joining DiMA, Lee practiced entertainment law in New York for over 15 years. He served as a Business & Legal Affairs Executive at several major record companies including EMI, BMG and Polygram, as well as Sanctuary Records, a large independent “360” company that provided management, production, recording, distribution and other services to artists. Earlier in his career Lee represented artists, musical instrument manufacturers and small record and production companies, drafting agreements, handling copyright and trademark matters and also handling civil litigation.

Panelists
Robert Alan Garrett is a Partner at Arnold & Porter, LLP, where his practice focuses on copyright and telecommunications law, particularly as it affects the sports and entertainment industries and the distribution of copyrighted works over new and traditional media. His clients have included sports leagues, motion picture studios, recording companies, broadcast and cable television networks, and municipal and foreign governments. Most recently, Mr. Garrett has represented content owners in the Cablevision, ivi, FilmOn and Aereo cases involving the distribution of TV programming over the Internet and network DVRs and issues of cloud computing. Mr. Garrett has been recognized in the areas of copyright, sports, media and entertainment law by Chambers USA, Legal Times, Washingtonian magazine, The Legal 500 US and Managing Intellectual Property, and he has been named a Washington DC Super Lawyer. Law360 recognized Mr. Garrett as an “MVP” and American Lawyer named him as a “Litigator of the Week.” A former clerk for then-Judge John Paul Stevens of the US Court of Appeals for the Seventh Circuit, Mr. Garrett is a cum laude graduate of Northwestern University School of Law, where he served as Executive Editor of the Northwestern University Law Review and a member of the school’s Moot Court team.

Daniel M. Kummer is Senior Vice President, Litigation at NBCUniversal Media, LLC in New York, where he oversees the East Coast Litigation Group.  From 1997 to the present, Daniel has represented NBCUniversal’s various business divisions in a wide range of litigation, with a primary focus on content protection and new technology IP matters.  He has served as NBCUniversal’s principal in-house litigator on the ABC, et al. v. Aereo case decided by the United States Supreme Court in June 2014.  As a member of NBCUniversal’s cross-functional Content Protection group, he has also developed advocacy strategies to address the ad-supported business model of online content piracy.  Prior to NBCUniversal, Daniel practiced law at Beldock Levine & Hoffman LLP in New York, worked in refugee camps in Thailand with the U.S. resettlement operation for Vietnamese and Lao refugees, and served as Law Clerk to the late Hon. Whitman Knapp of the U.S. District Court for the Southern District of New York.  He is a graduate of New York University School of Law, where he was an editor of the NYU Law Review, and of Wesleyan University.

Lisa T. Simpson is a partner in the Intellectual Property and Litigation groups of Orrick, Herrington & Sutcliffe LLP.  She served as counsel to Dish Networks, LLC in its copyright litigation with the broadcast networks over various features offered by DISH’s Hopper DVR, including AutoHop and Sling, defeating 3 preliminary injunctions, obtaining favorable rulings on both AutoHop and Sling from the Ninth Circuit and obtaining a favorable summary judgment decision which considered Aereo as it relates to DISH’s Sling feature.  Ms. Simpson also served as counsel to Supap Kirtsaeng on his appeal the U.S. Supreme Court, securing a 6-3 decision in Mr. Kirtsaeng’s favor on the issue of the first sale doctrine’s applicability to goods manufactured abroad, and was on the trial team that secured a jury verdict for MGA Entertainment, Inc. in its copyright and trade secrets dispute over the Bratz dolls.  Ms. Simpson’s practice focuses on representing retail, technology and entertainment companies in various matters involving copyright, trademark, false advertising, right of publicity, defamation and licensing disputes.  Ms. Simpson received her Bachelor of Arts degree in English from Duke University and obtained her J.D. with high honors from Duke Law, where she served as Editor of the Duke Journal of Law & Contemporary Problems and as a member of the Moot Court Board.

Early-Bird Deadline: March 9, Midnight EST

Final Registration Deadline: March 16, Midnight EST

The Copyright Society of the USA is a New York State CLE Approved Provider. This course will provide 1 CLE credit.

Cost
Members Early-Bird $70, after deadline $80
Nonmembers Early-Bird $85, after deadline $95
Student Members Early-Bird $55, after deadline $65 Email rebecca@csusa.org for your promotional code

Cancellation Policy: Refunds must be requested in writing at least three business days before the event. Refunds will not be issued after that point. Unfortunately, we will not be able to credit your registration payment toward a future event, but you may allow another person attend in your place. If possible, let us know that person’s name, affiliation and the city and state in which s/he works or lives so that we can make her/his name badge.

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