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Fundamentals of Copyright Law in the Data Era 2018


Speaker(s): Art Neill, Benjamin Glatstein, Deirdre Merrill, Jeremy S. Goldman, Joseph C. Gratz, Katherine C. Spelman, Mark Wittow, Shaun Spalding, Sophie Cohen
Recorded on: Jul. 9, 2018
PLI Program #: 219804

Areas of Practice

Kate Spelman has more than 30 years of experience providing strategic advice, design and implementation counsel for large, mid-sized and startup companies on copyright, trademark, trade secret and patent matters, both nationally and internationally, and has a special focus on media, licensing and mass digitization issues. Kate advises and counsels clients on the development, production, sale and defense of work related to emerging content distribution strategies and challenges, special issues in news reporting including repurposing content, and firewall and paywall configuration in light of changes in the fair use defense.

Kate is a frequent speaker on the progress of emerging copyright and digital publishing issues, and has advised authors, nonprofit and for-profit publishers, and internet service providers on the new language and provisions of the changed, global distribution environment. She has represented large digital publishing companies in international distribution agreements as well as represented developers and designers who are building and launching tools for online transmissions, storytelling, expression and art.

Additionally, Kate has experience assisting clients with Open Source licensing issues, including Open Source integrated licenses, audits, mergers and acquisitions due diligence, and compliance negotiations. Kate also helps clients design independent holding companies in the U.S. and in offshore intellectual property asset management. She has experience with intellectual property asset audits, and has assisted companies in proactive and reactive Sarbanes-Oxley compliance reporting requirements.

Academics

• Pepperdine University (Certificate in Dispute Resolution, 1990)

• University of Wisconsin Law School (J.D., 1980)

• University of Michigan (B.A., Classics and Latin, 1976)


Benjamin Glatstein is an Assistant General Counsel in the Artificial Intelligence & Research engineering group at Microsoft, where he counsels engineering teams working on a range of cutting edge technologies, including artificial intelligence services, data science and machine learning, knowledge graphs, Microsoft’s Cognitive Services, personal digital assistants, and bots.

Prior to joining Microsoft, Benjamin was a litigator with Irell & Manella LLP, in Los Angeles, where he represented entertainment and technology companies in a variety of matters. Benjamin clerked on the Ninth Circuit Court of Appeals for the Hon. Diarmuid F. O'Scannlain and graduated with honors and Order of the Coif from the University of Chicago.

Benjamin has taught Copyright Law at Seattle University and Advanced Copyright Law at the University of Washington.


Deirdre Merrill is the Director of Contracts at Chronicle Books LLC in San Francisco, California.  One of the most admired and respected independent publishing companies in the U.S., Chronicle Books was founded in 1967 and over the years has developed a reputation for award-winning, innovative books.  The company continues to challenge conventional publishing wisdom, setting trends in both subject and format, maintaining a list that includes much admired illustrated books and gift products in design, art, architecture, photography, food, lifestyle, pop culture, and acclaimed children’s titles. Chronicle Books’ objective is to create and distribute exceptional publishing that’s instantly recognizable for its spirit, creativity, and value.

In her work at Chronicle Books over the last 17 years, Ms. Merrill’s primary focus has been drafting, negotiating, and maintaining copyright license agreements between the publishing house and authors, photographers, illustrators, and licensors, along with their respective agents and attorneys.  Her role includes negotiating and securing of digital rights for both backlist and front list titles published by Chronicle Books.  In addition she supervises the contracts and permissions department, helps to maintain the company’s trademark portfolio, advises the subsidiary rights licensing division and custom publishing departments, and supervises copyright registration for all titles published by Chronicle Books.

Education:

  • J.D., University of San Francisco School of Law, 1999
  • B.A, Santa Clara University, 1995

Affiliations:

  • Member, California State Bar Association, 2000-present
  • Member, The Intellectual Property Law Section of the State Bar of California


Jeremy S. Goldman is a partner in the Litigation Group, focusing on entertainment, media, intellectual property, commercial and privacy law.

Jeremy is a skilled commercial litigator with nearly fifteen years of experience counseling clients through complex disputes inside and outside of courtrooms in California and New York. His clients include independent filmmakers, production companies, writers, directors, financiers, media companies, publishers, video game developers, tech companies, creative agencies, executives, small businesses, and Fortune 500 brands. Jeremy is a passionate advocate committed to protecting, enforcing, and vindicating his clients’ rights.

Jeremy has special expertise handling intellectual property matters, contractual disputes, production mishaps and other legal issues that arise in the entertainment, media and technology industries. The Legal 500 recently recognized Jeremy for his work on high-profile copyright matters and he is co-Chair of the Los Angeles chapter of The Copyright Society of the USA. 

In addition to his litigation practice, Jeremy leverages his deep technical understanding of computers and the Internet to counsel clients through data breaches, cybersecurity incidents, regulator inquiries, and privacy class actions. Jeremy also advises clients on the Children’s Online Privacy Protection Act (COPPA).

In 2015, after spending eight years with the firm in New York, Jeremy moved across the country with his wife and two children to help launch Frankfurt Kurnit’s LA office.  He is admitted to practice in New York and California.


Sophie Cohen is a Senior Corporate Counsel on the Marketing Legal team at Symantec Corporation, supporting the LifeLock and Norton consumer brands. Her work has involved a wide range of advertising and intellectual property matters, including reviewing marketing collateral for compliance (print, online, social media, TV, radio etc.), and collaborating with internal teams and outside agencies on advertising campaigns, social media initiatives, affiliate marketing, “truth in advertising” issues, FTC compliance, claims substantiation, talent agreements, celebrity rights, trademark and copyright issues, and the use of customer testimonials/reviews.

Prior to joining Symantec, Ms. Cohen was a partner at the intellectual property law firm Cobalt LLP in Berkeley, where she advised clients on all aspects of trademark clearance, prosecution and enforcement, domain name disputes, advertising law, licensing and co-branding, as well as software and technology agreements. She worked with clients on cutting-edge copyright matters, such as thorny copyright registrations, source code protection, emerging technologies, innovative business models, fair use, user generated content, fan communities, scraping, DMCA, and work-made-for-hire issues. Ms. Cohen also has extensive experience in promotions law, including sweepstakes, contests and raffles, with a special expertise in the fields of commercial co-venturing and cause marketing. 

Ms. Cohen is a member of the California and New York State Bars. She graduated from the Sorbonne (Paris) and the U.C. Davis School of Law. 

She currently serves as an Advisor to the Executive Committee of the California Lawyers Association Intellectual Property Law Section (formerly, State Bar of California), as well as Chair of their In-House Interest Group, planning CLE programs and networking activities. She is a member of the ABA-IPL Copyright Division and the Copyright Society of the USA.

Ms. Cohen loves travelling to explore great wines, foods and art. She’s also a proud sci-fi geek.


Art is the founder and Executive Director of New Media Rights, and specializes in internet, intellectual property, privacy, and media law. A clinical professor at California Western School of Law, Art teaches Internet & Social Media Law as well as the Internet & Media Law Clinic. He writes about legal issues for creators and small businesses as a Contributor for Forbes.

Art is the author of the book Don’t Panic: A Legal Guide (in plain English) for Small Businesses and Creative Professionals which is used by universities across the country to teach legal concepts to students. He is also is the creator of the Fair Use App, which is licensed by the University of California to teach concepts surrounding fair use and content reuse to staff and faculty.

In 2011, 2013, and 2015 Art was appointed as a member of the Federal Communication Commission’s Consumer Advisory Committee, where he served as Co-chair of the Broadband Working Group. He has published numerous articles on copyright and net neutrality including in the Journal for Internet Law, the Tulane Intellectual Property Law and Technology Journal, and CEB Business Law Quarterly (a publication of the State Bar of California and the University of California), among others. He speaks regularly on his areas of expertise, and has been a speaker at the Copyright Society of the USA, the American Intellectual Property Law Association, and the California State Bar Intellectual Property conference. Art received his J.D. from University of San Diego School of Law in 2006, and his B.A. from the College of William & Mary in 2001.

Read more about Art at http://www.newmediarights.org/about_us/nmr_staff/art_neill


Mr. Wittow is a partner in the Seattle office of K&L Gates, where he is practice leader for the firm’s intellectual property/technology transactions and data protection practice group. His work focuses on all manner of IP and technology transactions and counseling including the acquisition, development, marketing, licensing and distribution of devices, software and related services, other types of technology and media content, electronic commerce issues, data mining, machine learning/AI issues and complex patent licensing and patent dispositions.

Mr. Wittow is active in the Copyright Law Society of the United States and the Intellectual Property Law section of the American Bar Association. Mr. Wittow teaches the Arts Legal Clinic course at Seattle University Law School, and has taught the Advanced Copyright Law course there and at the University of Washington Law School.  He is active volunteer with Washington Lawyers for the Arts and winner of that organization’s 2015 Robert C. Cumbow Brio Award for outstanding volunteer service as a pro bono counselor and presenter. Mr. Wittow was admitted to the Washington State Bar in 1988.


Joseph C. Gratz is partner with Durie Tangri LLP in San Francisco.  A Trustee of the Copyright Society of the USA and an Advisor to the forthcoming ALI Restatement of Copyright, Mr. Gratz is a respected litigator and commentator on copyright and Internet law.  He was named one of the nine Top Intellectual Property Lawyers Under 40 by Law360 in 2015, and a Northern California IP Litigation SuperLawyer each year since 2013 by SuperLawyers Magazine, after being named a Rising Star in IP Litigation in 2010, 2011, and 2012.  Mr. Gratz received his B.A. from the University of Wisconsin-Madison and his J.D., cum laude, from the University of Minnesota Law School.  After law school, he served as a law clerk to the Honorable John T. Noonan, Jr. of the Ninth Circuit Court of Appeals.


Shaun Spalding is Assistant Director of New Media Rights and an IP attorney specializing in digital entertainment transactions and licensing. New Media Rights is a non-profit that represents creators and startups working on educational or innovative projects who may not otherwise be able to afford legal services.

In private practice, Shaun represented a handful of the top-40 most watched and subscribed to Youtube channels in the world.

Shaun is also a professor at California Western School of Law teaching an Internet and Media Law clinical course. Outside of academia, over 10,000 working creators have enrolled in his online courses aimed at teaching legal basics to creatives.

Before practicing law, Shaun worked as a commercial filmmaker producing and directing brand integrations for companies like SWISS Airlines, Sharp Televisions, the Motion Picture Association of America, and Henkel.