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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Trademark and Copyright

Date & Time
  • event Date

    Thursday, December 19, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00

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

Scott J. Sholder
Partner, Co-Chair Litigation Group
Cowan DeBaets Abrahams & Sheppard, LLP

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.

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Benjamin Halperin
Partner
Cowan DeBaets Abrahams & Sheppard, LLP

Mr. Halperin is an experienced litigator focusing on copyright, trademark, media, and entertainment litigation. He defends many types of companies and individuals—including online retailers, photography companies, media and news organizations, authors, and publishers—in copyright and trademark lawsuits in federal court. Mr. Halperin additionally represents artists, authors, musicians, and publishers as plaintiffs in copyright, trademark, and media-related business disputes. He is particularly skilled at analyzing complicated legal and factual situations and developing creative strategies to resolve litigation favorably and efficiently. Mr. Halperin has helped his clients defeat 8-figure-and-higher lawsuits on both procedural and substantive grounds. He also has significant experience working with and against expert witnesses, able to quickly identify the key shortcomings of highly technical expert methodologies often relied on in complex cases.

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CeCe Cole
Attorney
Cowan DeBaets Abrahams & Sheppard, LLP

Ms. Cole has represented clients in copyright, trademark, and commercial litigation matters in both federal and state courts and regularly counsels clients on copyright and trademark matters, including copyright enforcement and trademark review and clearance.

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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 into what this means for artists and their counsel when seeking copyright protection.

Outline

  1. When a work is derivative
    • Musical
    • Literary
    • Visual
    • Others
  2. Scope of the derivative right
  3. Copyright infringement and derivative works
  4. Lessons from recent court treatment
  5. 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?