Copyright + Technology Conference 2023

When: September 14, 2023 at 9:00am - 5:00pm EDT - This event has passed
Where: Fordham University Law School
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Copyright and Technology 2023 is the latest in a series of conferences that focus on the dramatic and fast-moving influences that technology has on copyright in the digital age. Now in its fourteenth year, it’s the unique forum where technologists, attorneys, media industry people, and public policy decision makers get together in the same room for intelligent dialog over current hot topics related to copyright and technology.

The conference will be held in the Constantino Lecture Hall.

CLE Credit Details

The Copyright Society is an accredited provider in California, New York, and Pennsylvania. MCLE Credits will be available for those jurisdictions, and requests for credit in other jurisdictions may be made when registering. While credit in other jurisdictions is not guaranteed, Copyright Society staff will submit applications for accreditation and notify attorneys upon approval.

This intermediate program is appropriate for both newly admitted and experienced attorneys.

Arizona: Attorneys must self report their CLE hours. A certificate of attendance will be provided for your records.

California: The Copyright Society is an accredited provider in California.

Colorado: New York is an approved jurisdiction.

Georgia: Approved for 4.00 CLE general credits.

Illinois: Approved for 4.00 Illinois MCLE general credit hours.

Maryland: Attorneys must self report their CLE hours. A certificate of attendance will be provided for your records.

Minnesota: Approved for 4.00 CLE general credits for virtual attendance only.

New Jersey: New York is an approved jurisdiction.

New Hampshire: Attorneys must self report their CLE hours. A certificate of attendance will be provided for your records.

New York: The Copyright Society is an Accredited New York State MCLE Provider. This intermediate program is appropriate for both newly admitted and experienced attorneys.

Ontario: Attorneys must self report their CPD substantive hours. A certificate of attendance will be provided for your records.

Pennsylvania: The Copyright Society is an accredited provider in Pennsylvania.

Rhode Island: New York is an approved jurisdiction.

South Dakota: Attorneys must self report their CLE hours. A certificate of attendance will be provided for your records.

Texas: Approved for 4.00 CLE general credit hours for in person attendance only.

West Virginia: Approved for 4.00 CLE general credits for virtual attendance only.

 

Please email cle@copyrightsociety.org for CLE related questions.

Agenda

9/13

7:00 pm EDT

Crude Humble & Obvious Performance

Join us at Connolly’s Times Square!

9/14

9:30 am - 10:00 am EDT

Welcome and Introductions

Bill Rosenblatt

Bill Rosenblatt

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9/14

10:15 am - 11:15 am EDT

The Model Train Set: AI Training Models and Their Impact on Copyright Liability

There are various techniques for training machine learning systems that use preexisting works in different ways and therefore have different implications for copyright. Assessing the potential liability of those techniques requires understanding of how these techniques work. For example, the techniques used to train large language models (such as ChatGPT) are materially different than those for diffusion or image classification models, and they can change again at the fine-tuning level. Throughout these different processes, notions of reproduction, distribution, and display may or may not be implicated, and indeed traditional notions of what these terms mean may be subject to strain and challenge in the world of AI. In this session, we’ll explain how content becomes data for AI purposes and identify where potential reproduction, distribution, and display of content may occur.

Aleksander Goranin

Aleksander Goranin

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9/14

11:30 am - 12:30 pm EDT

Author! Author? What Is An “Author” and How Can AI Be One?

The Copyright Office notes that it “will not register works produced by a machine or mere mechanical process that operates randomly or automatically without any creative input or intervention from a human author.” This has led to the Office issuing several high profile registrations rejections for works created in whole or in part using artificial intelligence tools. To determine whether, and to what extent, a human author is involved in the creation of works made with generative AI tools, it is important to understand just what we mean by the term “author.” Our panelists will discuss what it means to be an “author,” whether that “author” must be a human being, and the various doctrines adopted by courts throughout the years in trying to identify and define an author. The panelists will compare the U.S. approach to AI-generated work authorship with those of jurisdictions such as the UK that recognize ownership rights.

Bill Rosenblatt

Bill Rosenblatt

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Heather Whitney

Heather Whitney

Technology Transactions attorney | Morrison Foerster
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Gia Jung

Gia Jung

Associate Attorney | Cotchett, Pitre & McCarthy LLP
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Ryan Abbott

Ryan Abbott

Partner | Brown, Neri, Smith & Khan, LLP
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9/14

12:30 pm - 1:15 pm EDT

Lunch

9/14

1:15 pm - 2:15 pm EDT

Keynote Address

Jason Kwon

Jason Kwon

General Counsel | OpenAI
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9/14

2:15 pm - 2:45 pm EDT

Break

9/14

2:45 pm - 3:45 pm EDT

Are You for Real? Identifying and Detecting AI-Generated Content

The amount of content submitted to commercial services that is generated by AI is poised to explode. Determining which works come from humans and which come from AI–and to what degree–will become more and more important as the volume grows. In this session, we look at efforts to identify AI-generated works proactively as well as emerging technologies for telling the difference after the fact. Are there solutions that will work well enough for rights administration purposes? Our panelists will discuss.

Ben Colman

Ben Colman

Co-Founder and CEO | Reality Defender
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Claire Leibowicz

Claire Leibowicz

Head of the AI and Media Integrity Program | Partnership on AI
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Diana Pfeil

Diana Pfeil

Chief Technology Officer | Pex
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Howie Singer

Howie Singer

Adjunct Professor | Music Business, NYU
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Judith Germano

Judith Germano

Founder and Lead Counsel | GermanoLaw LLC
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9/14

3:45 pm - 4:00 pm EDT

Break

9/14

4:00 pm - 5:00 pm EDT

Turn the Page: The Future of Libraries in the Wake of Hachette v Internet Archive

This past March, a district court in New York awarded summary judgment to a group of book publishers in their litigation against the Internet Archive over certain forms of digital book lending. The ruling could have profound implications for libraries as they work to make content available that they preserve in digital form or that is “born digital” on acquisition. On this panel we’ll discuss potential ways forward for libraries if the ruling is let stand on appeal: is controlled digital lending (CDL) dead, or are there ways to achieve its aims that avoid what is now considered liability? Or is licensing going to be the way to fulfill libraries’ missions in the digital age?

Bhamati Viswanathan

Bhamati Viswanathan

Faculty Fellow | New England Law | Boston
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Christopher Kenneally

Christopher Kenneally

Senior Director, Content Marketing | Copyright Clearance Center
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Lisa Janicke Hinchliffe

Lisa Janicke Hinchliffe

Professor/Coordinator for Research and Teaching Professional Development | University of Illinois at Urbana-Champaign
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Maria Bustillos

Maria Bustillos

Founder | Popula
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