Two Sides of Fair Use: In the University and in the Patent Office

Copyright Society of the U.S.A.

New England
Chapter

Two Sides of Fair Use:

In the University and in the
Patent Office

April 18, 2013 6 p.m.

Duane Morris, LLP

100 High
Street,
24th floor
Boston, MA
02108

Reception to follow

RSVPs should be sent to Michelle Atkins, mkatkins@duanemorris.com or (857) 488-4245

Fair Use is on the rise. The presentation will focus how
the fair use landscape is changing. We’ve assembled a team of experts to
talk about two major contemporary fair use issues. In Cambridge University
Press et al. v. Mark P. Becker et al the copyright policies and practices of Georgia State University
were challenged. Most of the accused practices were considered as fair
use in the district court. The case has huge implications for publishing
and education. The publishers are fighting back vigorously on appeal. Second,
John Wiley & Sons and American Institute of Physics sued law firms
prosecuting patents for inclusion of journal articles in patent
applications. The patent firms say they are just complying with
disclosure obligations and the limited publication is a fair use. The
publishers call it copyright infringement. What do these cases say about
the present – and future – of the fair use defense?

RSVP

The Speakers:

Mark Seeley,
Reed Elsevier

Alfred Yen, Boston College
Law School

Tim French,
Fish & Richardson PC

Henry
Horbaczewski, Morgan Lewis & Bockius LLP

Mark A.
Fischer, Duane Morris LLP

Speaker Bios:

Mark Seeley is General Counsel of the Elsevier
(http://www.elsevier.com) science & medical publishing
business (since 1995), leading a team of lawyers based in Europe, the US and Asia.
Chairs the Copyright & Legal Affairs Committee of the International
Association of STM Publishers (http://www.stm-assoc.org), and is a member of the AAP
(Association of American Publishers) Copyright Committee. Regular
contributor to STM association papers on copyright issues and best practices
guidelines for research journal publishing, and a speaker at publishing,
library and legal conferences and events.

Alfred C. Yen is Professor of Law, Law School
Fund Scholar, and Director of the Emerging Enterprises and Business Law Program
at Boston College Law
School. Professor Yen
also served as Associate Dean for Academic Affairs at Boston
College Law
School from 2000-2002, and as Visiting
Professor of Law at the University
of Arizona during the
spring of 2000. For 2007-08, he was
Inaugural Distinguished Visiting Scholar of Intellectual Property at Drexel
University School of Law. Professor Yen’s recent works include articles about
third party copyright liability in the Georgetown, Case Western, and Minnesota
law reviews, as well as the casebook Copyright: Essential Cases and Materials,
Second Edition (2011, West Publishing), co-authored with Joseph Liu.

Timothy French is the Managing Principal of Fish
& Richardson P.C.’s Boston
office. His practice emphasizes patent and trademark prosecution in the United States
and foreign countries, over a broad range of technology, with experience in
patent and trademark licensing, trademark oppositions, patent and trademark
related acquisitions, and some litigation and patent interference work. Mr.
French is also the supervising attorney for firm Foreign and Trademark
Departments. He has three years prior experience as process and materials
engineer for E.I. du Pont De Nemours and Company and four years as plant
engineer and manager with Tenneco Chemicals, Inc.

Henry Z.
Horbaczewski is senior counsel in Morgan Lewis’s Litigation
Practice. Mr.
Horbaczewski focuses his practice on intellectual property and copyright law
protection, as well as commercial and corporate transactional law. Prior to joining Morgan Lewis, Mr.
Horbaczewski was senior vice president and general counsel of Reed Elsevier
Inc., a leading publishing and information company for the legal profession;
before that, he was a partner at a New York-based firm. Mr. Horbaczewski received his J.D. from Harvard Law School in 1975 and his B.A., magna cum laude, from Harvard College in 1972, where he was elected to
Phi Beta Kappa.

Mark A. Fischer is a partner at Duane Morris LLP. His law practice is focused on solving
problems and making deals for innovative companies, institutions and
individuals. Mr. Fischer’s clients are
typically in the creative industries such as new media; social networking;
music; interactive entertainment; information technology; software; data;
television; publishing; scientific, technical and medical content; and
toys. He has particular experience in U.S. and
international copyright, entertainment, licensing, celebrity representation,
copyright litigation, arbitration, open source, privacy and trademarks. He has considerable experience in the
biotechnology and medical industries. He
contributes to the New Media and Entertainment Blog at: http://blogs.duanemorris.com/duanemorrisnewmedialawblog/

This event is free, but you must RSVP to Michelle Atkins, mkatkins@duanemorris.com or (857) 488-4245

Patti Jones, Esq. and
Lucy Lovrien, Esq.

Chapter Co-Chairs

Patti Jones, Esq. Lucy D.
Lovrien, Esq.

20 Park Plaza, Suite 400 10
Winthrop Square

Boston, MA 02116 Boston, MA 02110

(617) 948-2139 (617)
423-4050