Perfect Storm: Embedding, Linking and Copyright Infringement

Perfect Storm: Embedding, Linking and Copyright Infringement

ABOUT THE PROGRAM:

Embedding social media and other third-party content is standard operating procedure for today’s online writers and, for over a decade, has widely been considered non-infringing. But earlier this year, a New York court challenged that assumption, allowing a claim for copyright infringement to proceed against nine online publications for embedding in their articles a Tweeted photograph of Tom Brady without getting permission from the photographer. The decision sent shockwaves through the online publishing world.  With an interlocutory appeal now pending in the Second Circuit, the case could be on a crash course with contrary authority in the Ninth Circuit, paving the way for a circuit split on a critical issue at the intersection of copyright and the Internet. 

Join us for a timely discussion on the practical and legal issues surrounding embedding, framing, and inline linking – an issue that affects bloggers, re-tweeters, media outlets, and just about anyone else who shares content online.

SPEAKERS:

Joseph C. Gratz, a partner at Durie Tangri in San Francisco, 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. 

Stephen M. Doniger, a partner at Doniger / Burroughs in Venice, has handled more copyright cases than any other attorney in the United States over the past five years, with his firm named as the top copyright litigation firm in Lex Machina’s 2015 Copyright Litigation Report.  He has also prevailed in every copyright matter taken to trial, and has been lead trial counsel in many of the largest copyright verdicts in the Central District.  Since prevailing in his first trial as a sole practitioner in 1997, Mr. Doniger has built a successful practice around business disputes in general and intellectual property in particular, representing photographers, authors, fine artists, and clients in the marketing, fashion, entertainment, real estate and hospitality industries.  He has been selected by Global Law Experts as its exclusive copyright law expert for California, has been a featured speaker on copyright, trademark, and misappropriation of likeness law for California Lawyers for the Arts, Fashion Business Incorporated and other groups, and has been retained as an expert witness on copyright litigation.

Jeff Sedlik is the President and CEO of the non-profit PLUS Coalition. A Professor at the Art Center College of Design, Sedlik serves as a Director of both the Linked Content Coalition and the American Society for Collective Rights Licensing, and is the former President of the Advertising Photographers of America. Sedlik also serves on both the Creators Advisory Board and Academic Advisory Board of the Copyright Alliance.  An advertising photographer by trade, Sedlik works as a forensic expert witness in copyright and right of publicity matters, and as a consultant on digital asset management, image metadata and a various other intellectual property issues.

Jeremy S. Goldman (moderator) is a partner in the Litigation Group at Frankfurt Kurnit Klein & Selz PC and Co-Chair of the LAChapter of the CSUSA.  Jeremy represents companies, brands and individuals in the media, film, television, gaming, advertising and technology spaces. He frequently counsels clients, litigates claims and resolves complex disputes involving copyright, breach of contract, the First Amendment, right of publicity, chain of title, trademark and intermediary liability.  Jeremy has written and spoken extensively on these and other topics.  In 2015, after spending eight years with the firm in New York, Jeremy moved across the country with his wife and two children to help launch Frankfurt Kurnit’s LA office.  He is admitted to practice in New York and California.

PRICE

Members: $25

Non-Members: $45

Students: $19  |  Must present valid student ID at the door

Program will satisfy 1.5 CA CLE credits pending approval by the State Bar of California.