Rights Management on the Internet

“Rights Management on the Internet: Trends in Clearing, Protecting and Enforcing Copyright Online and Ensuring Against Risk”

ABOUT THE PROGRAM:

Rights management on the Internet is a hot topic in Canada (and the US), with the recent decision of Lickerish, Ltd. v. Airg Inc., as well as Warner Bros. Entertainment Inc. v. White (Beast IPTV), Bell Media Inc. v. GoldTV.Biz
, and Rallysport Direct LLC v. 2424508 Ontario Ltd. Our panel will provide an in-depth look at operational and legal issues relating to the use of rights management services in the clearance, protection, and enforcement of copyright, including
over the Internet. Our speakers will share insights about how rights management services operate, the legal and other challenges that might prompt creators/artists to use those services (e.g., difficulty and cost of monitoring and enforcing), and
review key, relevant legal and enforcement issues, such as pleading and proving chain of title, the role of copyright registration and statutory presumptions in the Copyright Act, litigation strategies, remedies, and fair dealing and other 
defenses. You will also hear about important developments in the insurance space which will enable risk transfer and mitigation solutions to help manage your risk.

SPEAKERS:

Allen Bargfrede
CEO and Chief Strategy Officer, Verifi Media

Allen Bargfrede is Co-Founder and Chief Strategy Officer at Verifi Media, the authoritative data hub for the music industry. In this role, he oversees all strategic initiatives for the company, helping to build a platform that enables artists and their teams to quickly and easily store, locate, correct, and share verified media metadata, ownership information, and underlying asset files with all stakeholders across the digital value chain, including labels, publishers, distributors, DSPs, PROs, and CMOs. Over the course of his career, he has served as a lawyer for both startups and S&P 500 companies, created multiple initiatives as an educator and researcher at Berklee College of Music, managed independent and major-label artists, invested in a variety of music rights projects, and authored the book Music Law in the Digital Age. He is based in Biarritz, France and Boston, MA.


Jesse K. Martin
Associate General Counsel & Senior Director, Compliance Solutions, BSA | The Software Alliance

Jesse K. Martin leads BSA’s compliance solutions efforts in the Americas and the Europe, Middle East, and Africa (EMEA) regions by managing BSA’s internal legal affairs team, as well as its outside enforcement counsel. In her role, Martin helps develop and drive awareness campaigns and educational activities throughout each region. Before joining BSA, Martin spent five years in the Washington, DC, office of Troutman Sanders LLP, serving as BSA’s outside enforcement counsel and litigating insurance coverage disputes. Martin holds a law degree from the University of Maryland School of Law and a bachelor’s degree from Sweet Briar College. She is admitted to the bars of the District of Columbia and the Commonwealth of Virginia. Martin is based in BSA’s Washington, DC, office.


Javier Cervantes
Senior Data Analyst, BSA | The Software Alliance

Javier Cervantes leads BSA’s data analytics strategies by providing data solutions that enable BSA’s enforcement programs run efficiently. He focuses on developing and maintaining analytics across the organization to help drive business decisions. Cervantes also manages the day-to-day operations of BSA’s Internet enforcement program, which aims to reduce the distribution of unlicensed software online. His previous experiences include conducting empirical research on anti-money laundering, analyzing taxpayer’s data to increase tax debt collection, and providing technical assistance to financial rural institutions to deliver financial services to underserved populations. Cervantes received his MS in Applied Economics from the Johns Hopkins University, and his MA in Economic Analysis from the Pompeu Fabra University. He also earned a BS in Economics by the National Autonomous University of Mexico. He is based in BSA’s Washington, DC office.


Dan Pollack
Lawyer, Dipchand LLP

Through his experience at leading law firms in Canada and the United States and key in-house roles in the media industry, including as General Counsel for a leading image licensing agency and Legal Counsel at SOCAN, Dan has developed a deep understanding of the complex legal issues that confront creatives. Dan often works with creators such as photographers, filmmakers, musicians and writers to help them protect and gain value from their work. In particular, he has extensive experience working with photographers (and their representatives) and content licensing agencies with copyright enforcement, strategy and protection. Dan also regularly advises his clients on legal issues relating to marketing, licensing, social media, contracts, litigation, privacy and general corporate law.  In 2018, Dan joined the boutique law firm Dipchand LLP (https://dipchand.com/) located in downtown Toronto. 


Katharine (Kathy) Hall
SVP, National Cyber Practice & PSG Broking Leader, Aon

Katharine graduated from the U of A Law School in 1997, and after a career in private practice, and various in house legal roles, she joined almost Aon 13 years ago. While she started in the executive lines, she moved into the professional liability space 7 years ago to set up Aon’s professional liability centre of excellence. Although responsible for all types of professional liability placements for Aon, her day to day placing experience has been in the design and construct professional liability space, including a number of years as Ledcor’s professional liability broker. Currently, she is Aon’s National Cyber Practice Leader and National Professional Liability Broking Leader.

MODERATOR:

Eric Mayzel
Partner, Cassels Brock & Blackwell LLP

Eric Mayzel is a partner in the Litigation Group at Cassels. His practice focuses on intellectual property, including copyright, trademarks, trade secrets, and entertainment matters. Eric works with clients across a broad range of industries, including music, film and TV, franchising, and manufacturing. Eric has played key roles in ground-breaking hearings before the Copyright Board of Canada and in related proceedings, including before the Supreme Court of Canada. He has also been active as a strategic advisor to clients in parliamentary reviews of the Canadian Copyright Act. Eric is often called upon to protect clients’ brands, copyright, and personality rights on the Internet. He is listed in the 2022 edition of Best Lawyers Canada for intellectual property, and he has been recognized as a Rising Star (2019) and a Notable Practitioner by Managing Intellectual Property. 

COST:  

CLE CREDIT:

Ontario Attorneys must self-report substantive credit hours. The Copyright Society is a Certified CLE Provider in New York, California and Pennsylvania. Program will satisfy 1.0 NY and PA CLE credits and 1.0 CA participatory CLE credits. 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.