2023 Midwinter Meeting February 9th at 12:00pm - 1:00pm Register Location Omni Rancho Las Palmas Resort in Palm Springs, CA Purchase a la cart items (activity tickets or meal tickets for spouses/children/etc) Sponsors Donate Registration Information In-Person: Includes access to the panels, meals and networking events. Optional add-ons include afternoon activity tickets and a la carte meal tickets for guests. Registrants attending in person must be fully vaccinated*. Virtual Only: Includes virtual access to all panels. Registration Rates (prices for in person and virtual are the same) Early-bird ends 1/11/2023 Member (Earlybird) $995 Non-member (Earlybird) $1,495 First Time Attendee (Earlybird) $895 Academic or Gov’t Member (Earlybird) $895 Student Member (Earlybird) $625 Single Day Pass $625 Late Member $1,295 Late Non-member $1,795 Late First Time Attendee $1,195 Late Academic or Gov’t Member $1,195 Late Student $625 Please note the Omni Hotel is completely booked. Alternate hotels close by: Hilton Garden Inn Palm Springs/Rancho Mirage 71-700 CA-111, Rancho Mirage, CA 92270 (760) 776-9700 Holiday Inn Express & Suites Rancho Mirage 71730 CA-111, Rancho Mirage, CA 92270 (760) 340-5516 SpringHill Suites by Marriott Palm Desert 71730 CA-111, Rancho Mirage, CA 92270 (760) 341-9100 Cancellation Policy Refunds must be requested in writing at least three business days before the event. Refunds will not be issued after that point. Unfortunately we will not be able to credit your registration payment toward a future event, but you may allow another person to attend in your place. Please email Bobby Cohen and let us know that person’s name, affiliation, city and state, and email address. Financial Aid Policy The Copyright Society provides a limited number of scholarships each year to students, law clerks, unemployed attorneys, and nonprofit and government employees. For information on how to apply, please click here. Download the Agenda *Please note the agenda times are in Pacific Standard Time Agenda 02 / 09 12:00 pm Registration 02 / 09 2:00 pm Board of Trustees Meeting 02 / 09 6:30 pm First-Time Attendee & Copyright Society Mentorship Program Reception 02 / 09 7:00 pm Welcome Reception Join Copyright Society members and guests for cocktails, hors d'oeuvres and networking. 02 / 09 8:00 pm Planning Committee Dinner 02 / 10 7:30 am Registration 02 / 10 7:30 am Copyright Society Chapter Chair Meeting 02 / 10 7:30 am Breakfast 02 / 10 8:45 am Welcome Casey Chisick, Copyright Society President 02 / 10 9:00 am Session 1 (60 min CLE)Controlled Digital Lending: Fair Use or Massive Piracy? Hachette Book Group et. al v. Internet Archive. In this panel counsel for the parties, amici, and industry leaders will debate the merits of the publishers’ copyright litigation against Internet Archive over its Controlled Digital Lending (CDL) program. Speakers: Naomi Jane Gray, Joe Gratz, Jiarui Liu, Kenneth Crews, Elizabeth McNamara 02 / 10 10:00 am Coffee Break 02 / 10 10:20 am Session 2 (90 min CLE)Copyright Damages in the Modern Age A panel of distinguished experts will discuss hot button issues in damages involving (1) apportionment of damages in a copyright case including the application of causation in the disgorgement of profits in different contexts, different mediums and when different exclusive rights are involved, and (2) evolving issues in statutory damages particularly in the context of multiplicity of such an award. Speakers: Kenneth D. Freundlich, Rom Bar-Nissim, Pamela Samuelson, Yakub Hazzard, David Leichtman 02 / 10 11:50 am 10-minute Break 02 / 10 12:00 pm Session 3 (60 min CLE)Trends in Substantial Similarity in the Ninth and Second Circuits The panel will explore the recent trend, primarily in the Ninth Circuit, regarding the suitability of ruling on the substantial similarity between literary works at the pleadings stage (as well, to some degree, as disposition at summary judgment). In a recent slew of apparently contradictory opinions involving infringement claims against films and TV shows such as “The Shape of Water”, “Pirates of the Caribbean”, “Inside Out”, and “Empire”, the Ninth Circuit Court of Appeals has left the public and practitioners confused about when, if ever, it is appropriate to dispose of infringement claims at the pleadings stage. The panel will explore the history of how the courts have traditionally addressed infringement of literary works at the pleadings stage, will explore the latest trends, especially in the Second and Ninth Circuits, and will perhaps attempt to make some sense of the conflicting decisions. Speakers: Clark Asay, Jacques Rimokh, Elaine K. Kim, Steven T. Lowe 02 / 10 1:00 pm Luncheon & Excellence in Creativity AwardPresentation (The Second City) 02 / 10 3:30 pm Activity #1: Yoga with Karen Attendees to Arrive by 3:15 to set up Tickets: $15 02 / 10 2:30 pm Activity #2: Pickup Tennis Game(s) Sponsored by Shades of Gray Tickets: $20 02 / 10 3:00 pm Activity #3: Tour of Palm Springs Art Museum Meet at 2:30 pm in the lobby to catch the shuttle. Tickets $30 02 / 10 7:00 pm Dinner & Reception Join us for an evening of cocktails, mingling and dinner outdoors on the fairway. The dinner reception is included in your registration fee. Guest tickets are available for purchase when registering or by clicking here. 02 / 10 9:00 pm Activity #4: Stargazing Hike Join us after dinner for a fun night-time hike and see the stars! Tickets $50 02 / 10 9:30 pm After Party Don't miss the Copyright Society house band, Crude Humble & Obvious, and special guests! 02 / 11 7:30 am Registration 02 / 11 7:30 am Breakfast 02 / 11 7:30 am Journal of the Copyright Society Editorial Board Meeting 02 / 11 8:45 am Welcome Casey Chisick, Copyright Society President 02 / 11 9:00 am Session 1 (60 min CLE)The Modern Music Agreement: A Fresh Look at Current Provisions in Music Agreements as Influenced by Recent Trends in Copyright Law A contract-focused panel that examines two major music agreements—the recording agreement and the co-publishing agreement—through a modern copyright lens. In this session, the panelists will walk through certain key provisions of these two music agreements and highlight recent changes and trends in drafting and negotiating such provisions, as influenced by contemporary developments in copyright law and jurisprudence. The panelists will describe the purpose of each such provision, the history and evolution of the provision over time, and current drafting and negotiating tips to keep in mind considering modern music-copyright developments. Speakers: Corey Field, Lexi Todd, Patti Coleman, Lulu Pantin 02 / 11 10:00 am Breaking News Update: CBR Settlement Speakers: Frank Scibilia 02 / 11 10:10 am Coffee Break 02 / 11 10:20 am Session 2 (90 min CLE)The Great Copyright Debate: North v. South Canadian and American copyright laws share many common elements, however, there are also some important differences between the two countries’ approach to copyright policy and these differences sometimes reflect a divergence in the underlying philosophical approach to copyright adopted by Courts and by the Legislatures. Two teams of copyright lawyers, with one American and one Canadian on each team, will debate the virtues and flaws of the different approaches in the two countries. Debate topics will include fair use vs. fair dealing; making available; notice and takedown vs. notice and notice; and work for hire vs. work made in the course of employment. Speakers: Barry Fong, Nicolas Charest, Loren Mulraine, Jay Kerr-Wilson, Erin Smith Dennis 02 / 11 11:50 am 10-minute Break 02 / 11 12:00 pm Session 3 (60 min CLE)The Future is Now: IP Enforcement Considerations in the Metaverse and Beyond The advent of Web 3.0 technologies and the broader adoption of the concept of the Metaverse will undoubtedly bring about new IP opportunities but also challenges for right owners. This panel will explore IP enforcement considerations in the “metaverse” (and beyond) including jurisdictional issues, investigative issues, Terms of Service and contractual rights (limitations and expansion). Speakers: Michael Lewis, Keyonn Pope, Dale Cendali, Ian Ballon
