Line Drawing: Advanced Topics in Deciphering Fair Use

ABOUT THE PROGRAM:

Whether you are considering software, photographs, music, or any other work, fair use has become a critical component of U.S. copyright law. Although sometimes considered challenging to predict, it is one of the most interesting copyright doctrines! In this roundtable, Christine-Marie Lauture (Lauture IP) will lead a discussion of fair use experts Joseph Gratz (Durie Tangri), Lisa Rafferty (Fox Television), and Joshua Simmons (Kirkland & Ellis) as they dive deep into fair use law, policy, and litigation. They also will explore how to advise clients with regard to fair use when the law may not appear to be settled. We hope that you will join us for what promises to a be an engaging and dynamic discussion.

SPEAKERS:

Joseph C. Gratz is a litigator who is as comfortable on his feet in court as he is hashing over source code with a group of engineers. Vice-Chair of the American Bar Association IP Section’s Committee on Copyright and New Technologies, Joe is a respected commentator on copyright and Internet law. In addition to his work at Durie Tangri, Joe teaches Cyberlaw at the University of California – Hastings College of the Law. A true “digital native,” Joe has been on the Internet for more than twenty years. His deep understanding of technical issues and his background as a technical writer (and as an exhibit designer for a science museum) allow him to explain complex technical concepts simply and accurately to judges, juries, and clients. Joe was named one of the nine Top Intellectual Property Lawyers Under 40 by Law360 in 2015, and shortlisted for Managing IP’s Outstanding IP Litigator award for California in 2016. He was named a Northern California IP Litigation SuperLawyer in 2013 and 2014 by SuperLawyers Magazine, after being named a Rising Star in IP Litigation in 2010, 2011, and 2012. Before becoming a partner, Joe was Durie Tangri’s first associate. He was previously an associate at Keker & Van Nest LLP, and served as a law clerk to the Honorable John T. Noonan, Jr. of the Ninth Circuit Court of Appeals in 2005-06. Joe graduated Phi Beta Kappa with degrees in English and Theatre from the University of Wisconsin-Madison in 2002. In 2005, he received his J.D., cum laude, from the University of Minnesota Law School, where he was Articles Editor of the Minnesota Journal of Law, Science, and Technology (and director of the law school musical).

Christine-Marie Lauture is the Owner and Managing Attorney of Lauture IP, PLLC, where she focuses her practice on safeguarding the ownership and value of creatives and entrepreneurs. Christine is experienced in intellectual property, litigation, and entertainment transactions, serving clients throughout the United States and internationally. She brings a breadth of knowledge in intellectual property law with experience counseling clients across various entertainment and technology-related industries, including: digital media, music, photography, podcasting, tech, fashion, consumer goods, e-sports and gaming, sports, performing arts, and publishing. Christine-Marie is recognized in Super Lawyers magazine as a “Rising Star” in Intellectual Property and Intellectual Property Litigation for the New York Metro area. She earned her J.D. from Brooklyn Law School and her B.A. in Philosophy from Hofstra University. She currently serves as Co-Chair of the Trademark and Copyright Committee as well as the Young Entertainment Lawyers Co-Liaison of New York State Bar Association’s Entertainment, Arts & Sports Law Section.

Lisa Rafferty moved to Los Angeles to become a media attorney after graduating from Georgetown University Law Center. She paid her dues at a law firm and spent four years at NBC before moving to Fox where she has worked for 13 years in their local television station group advising newsrooms on a broad array of news gathering and broadcast matters. Lisa’s legal specialties include defamation, privacy, and copyright law, and she also handles a broad array of talent and programming contracts. For the past five years, Lisa has served on the Governing Committee for the ABA’s Forum on Communications Law, and she is the founder and leader of the Fox Pro Bono Council.

Joshua Simmons focuses his practice on appellate and trial court litigation, intellectual property counseling and strategic portfolio management, as well as regulatory and legislative policy. This “exceptional” and “creative” (Chambers), “Top Attorney” (Law360), and “big-picture thought leader” (WTR) litigates copyright, patent, right of publicity, trademark, trade secret, and unfair competition cases—particularly complex cases and those of first impression—along with contract, licensing, and domain name disputes. He also advises on IP matters that intersect with antitrust, fraud, false advertising, privacy, and social media. In addition to maintaining a full-time litigation practice, Josh is a frequent speaker and has authored numerous articles on emerging trends in intellectual property. He also is an active member of the intellectual property bar, including serving as the Chair of Copyright Society’s Media Library Committee and co-Chair of its Website Redesign Task Force. As relevant to this panel, Josh has been involved with a number of major fair use cases, including Oracle v. Google, Fox News v. TVEyes, Solid Oak v. 2K Games, Fairey v. Associated Press, and Chronicle Books v. Audible.

CLE CREDIT:

The Copyright Society is a Certified CLE Provider in New York and California. Program will satisfy 1.0 CLE credit. The intermediate program is transitional and appropriate for both newly admitted and experienced attorneys. Instructions for verifying attendance will be emailed to registrants prior to the program.

COST: