Derivative Works and Copyright: Scope, Termination, Infringement, Considerations for Drafting Permissions

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Trademark and Copyright
- event Date
Tuesday, June 22, 2021
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide guidance to IP counsel on derivative works, the scope of the derivative right, termination of granted rights, and lessons from recent court decisions. The panel will also discuss copyright infringement when making/selling derivative works and the intersection with fair use. The panel will offer insights on the impact for artists and their counsel when seeking copyright protection.
Faculty

Mr. Sholder focuses his practice on litigation, counseling, and dispute resolution in connection with entertainment, media, art, and IP matters. He represents and advises clients across various industries in copyright, trademark, trade secrets, right-of-publicity, unfair competition, domain name, and commercial and business disputes, as well as defamation defense. Mr. Sholder has appeared in federal and state courts around the country as well as administrative and arbitral tribunals and has handled cases from pre-suit negotiations through trial, post-trial procedures, and appeals. He is a frequent writer and speaker on issues related to copyright and trademark in the entertainment and digital media space, with a recent focus on generative AI.

Mr. Dickstein maintains a broad-based litigation practice with a concentration on intellectual property matters in the music, motion picture and advanced media industries. He has represented music publishers and record labels in copyright infringement and royalty disputes, defended major media companies in trademark infringement actions, and advised motion picture studios and film producers on copyright issues.

Mr. Neustadt secures, protects and enforces clients' intellectual property rights in the U.S. and abroad. His practice focuses on trademark and copyright matters and encompasses federal copyright and trademark infringement litigation, administrative proceedings before the Trademark Trial and Appeal Board, Uniform Domain-Name Dispute-Resolution Policy arbitrations, global trademark clearance, prosecution and enforcement, copyright counseling, and maintenance and management of intellectual property portfolios. Mr. Neustadt formerly worked as an editor for various media publications and managed his own entertainment law practice, providing him with experience in legal issues related to the media and entertainment industries.
Description
Derivative works come in many forms--from the Mona Lisa with a Moustache to films based on novels like the Harry Potter series to music that samples from other songs to a new version of a computer program. Derivative works and related IP rights are complex areas of the law.
Under the Copyright Act, what constitutes a derivative work is often not clear-cut, and other doctrines, such as fair use, may impact the categorization of the work. Moreover, termination of the right to create a derivative work has its own set of implications with respect to the right to create future derivative works and continued use of any lawfully created derivative works. It is very important to understand the legal and practical consequences of derivative works rights under the Copyright Act.
Listen as our authoritative panel of IP attorneys discusses when work is derivative, the scope of the derivative right, and lessons from recent court treatment. The panel will also examine copyright infringement in making/selling derivative works. The panel will offer insight on what this means for artists and their counsel when seeking copyright protection.
Outline
- When a work is derivative
- Musical
- Literary
- Visual
- Others
- Scope of the derivative right
- Copyright infringement and derivative works
- Lessons from recent court treatment
- Practical considerations for drafting permissions to allow the creation of a derivative work
Benefits
The panel will review these and other key issues:
- Does the examination of a derivative work vary depending on the type of work--musical, software, literary?
- How have courts treated derivative works?
- What are the practical considerations for drafting permissions to allow the creation of a derivative work?
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