NY Chapter Luncheon – Content Aggregation: Fair Use or a Use Too Far?

Some of the most popular
websites are based upon the aggregation of other parties’ published news,
photos, television clips and other content.
Aggregators who collect and post third-party content tout the utility of
their “one-stop viewing” sites and argue that theirs is a fair use of the
content. Content owners, however,
complain that aggregators profit from their content without providing fair
compensation, and that they are not benefiting from the recent surge in
digital advertising revenues received by big technology companies such as
Google and Facebook. This panel will
discuss the legal issue underlying the debate: when does aggregation constitute fair use and when does it go too
far?

Two recent decisions in the
Southern District of New York have re-focused attention on this increasingly
important topic: The Associated Press v. Meltwater, in which the court ruled that a
media monitoring service’s aggregation of news story excerpts provided to
paying subscribers was not fair use, and Authors
Guild v. HathiTrust (now on appeal to the Second Circuit), in which the
court upheld the creation of an index based on Google’s scanning of millions of
books in its library project as fair use.
Further, in September Judge Chin heard oral argument in Authors Guild v. Google on whether the
posting of book excerpts on Google Books qualifies as fair use, and Fox News
recently sued TVEYES, an aggregator of clips from television broadcasts. The panel will discuss the evolving law and
public policy issues related to these cases and the broader topic of
aggregation.

Our distinguished panel of
speakers will include:

Bill Herman, Hunter College CUNY
Elizabeth McNamara, Davis Wright Tremaine LLP
(Moderator) 

Andy Sellars,  Digital
Media Law Project and Berkman Center for Internet & Society
Linda Steinman, Davis Wright Tremaine LLP

Time: 12:00 p.m.-12:30 p.m. Networking Reception (cash bar)
12:30
p.m.-1:00 p.m. Lunch
1:00 p.m.-2:00
p.m. Program (Please note: event will end promptly)

Cost: Early Bird – $70.00 (Members) $85.00 (Nonmembers) $33.00 (Students – Limited; please email requests to amy@csusa.org)


CLE: The Copyright Society of the USA is a NY CLE Approved Provider. This course is Transitional and
Nontransitional, and provides 1.0 Professional Practice Credit
(based on 50 minutes).

Registration Deadline:
Noon – October 18, 2013

FULL BROCHURE