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Fundamentals of Copyright Law in the Data Era 2021


Speaker(s): David Green, Jessica R. Friedman, Kyle A. Citrynell, Lateef Mtima, Mary E. Rasenberger, Robert W. Clarida, Thomas G. Kjellberg
Recorded on: Jun. 24, 2021
PLI Program #: 303990

David Green is Assistant General Counsel at Microsoft, leading its Open Innovation counseling team which helps Microsoft define and execute its global copyright, trade secret, data, and related IP strategy. Dave’s team provides counsel to Microsoft, LinkedIn, and GitHub on a range of complex IP matters impacting Microsoft's devices, cloud, gaming, and online services, and artificial intelligence (AI) and data sharing platforms. He also helps Microsoft develop and implement its external IP policy through various collaborations, legislative initiatives, amicus participation (including in the recent Oracle v. Google Supreme Court case), and outreach. Most recently, Dave helped Microsoft launch a successful collaboration with NYU’s GovLab, to promote the power of data collaboration and Open Data.  

Previously, Dave served as AGC for Bill Gates's Corbis Corp in legal and business affairs, a role which allowed Dave to develop deep experience in copyright, tech licensing, trade secrets, data, joint ventures, and licensing of entertainment, digital media, talent, films, promotions, and acquisitions of media, rights, and technology companies. A past Trustee of the US Copyright Society, he is a Board Member for the UW Program in IP Management and Business Development, and an active member of industry trade groups including BSA, ESA, and IA.

Outside of Microsoft, Dave is active as a serial entrepreneur, founding several successful ventures that combine IP with entertainment and licensing, including Vincent Motors LLC, an iconic motorcycle brand, and McQueen Racing LLC (with the iconic Steve McQueen family). He has exec-produced several films such as "I am Steve McQueen" (Spike TV), The Man & Le Mans (a Cannes Classic selection), and a forthcoming "Bullitt" project. His most recent venture, Max Einstein LLC, teams Dave with the Albert Einstein Archives and best-selling author James Patterson, creating "Max Einstein", the New York Times bestselling adventure book series for kids. Max Einstein is currently being adapted as an animated adventure series by Imagine Entertainment.


Jessica R. Friedman (Yale Law School 1984, Princeton University 1981) has practiced copyright, trademark, literary property/media and licensing law in New York City for 30 years. Among the matters Ms. Friedman handles are content, data and software development and licensing agreements, publishing agreements for authors and publishers, collaboration agreements, literary agency agreements, media agency agreements, MSA’s and other commercial contracts, as well as online and mobile app privacy policies and terms of use. She also conducts fair use and work-for-hire analyses, domestic and international trademark clearance/prosecution/licensing/policing, and prepublication reviews of manuscripts for libel and other legal issues, and she handles other matters related to the rights of privacy and publicity. In an earlier life as a litigation associate, she represented clients in copyright infringement litigation, and for 14 years, she served as part-time general counsel to a healthcare communications company.

Ms. Friedman has written many articles about intellectual property, publishing and media issues, and she has lectured about and chaired panels on those subjects in various venues, including PLI, the New York City Bar Association, and the New York Technology Council (formerly the New York Software Industry Association). Currently, she is a member of the Copyright and Literary Property Committee of the New York City Bar Association, having already served several terms on that committee and on the Trademark Committee.

Ms. Friedman has an AV® Preeminent™ Martindale-Hubbell® Peer Review Rating (5.0 out of 5), which means that she has been acknowledged by her peers as having  the highest ethical standards and legal ability. She also has been selected as a New York Super Lawyer™ every year since 2010.

More information about Ms. Friedman’s practice is available at www.literarypropertylaw.com.

 

 


Kyle Anne Citrynell has a national litigation and transactional practice in the areas of arts, entertainment, media, publishing, and technology, and intellectual property law. Kyle has litigated copyright, trademark, trade dress, and patent matters, and cases involving misappropriation of trade secrets, interference with contracts and prospective business advantage, deceptive trade practices, false advertising, and unfair competition, as well as employment and products liability. She has worked with for-profit and tax-exempt organizations from formation and as corporate counsel and in the negotiation and memorialization of a wide variety of licensing, merchandising, distribution and franchising transactions for inventors, artists, film and event producers, performers, musicians, authors, magazine, book and website publishers, software and multimedia creators and radio and television stations among others.

Kyle has written and lectured extensively, both nationally and internationally, in her areas of practice concentration, including as a contributor to Louisville's business newspaper, Business First, and Audience magazine. Kyle was graduated from Duke University (B.A. '77; J.D. '80) and came to Louisville in 1980 to work with the Kentucky Arts Commission and Fund for the Arts to establish Professional Services to the Arts which provided legal, accounting, banking and insurance services to artists and arts groups


Lateef Mtima is a Professor of Law at the Howard University School of Law. After graduating with honors from Amherst College, Professor Mtima received his J.D. degree from Harvard Law School, where he was the co-founder and later editor-in-chief of the Harvard BlackLetter Journal (today the Harvard Journal on Racial and Ethnic Justice). He is admitted to the New York and Pennsylvania bars and has practiced intellectual property, bankruptcy, and commercial law, including a decade in private practice with the former international law firm of Coudert Brothers. Professor Mtima has served as a member of the Advisory Council for the United States Court of Federal Claims, President of the Giles S. Rich Inn of Court for the United States Court of Appeals for the Federal Circuit, a member of the founding Editorial Board for the American Bar Association intellectual property periodical Landslide, a member of the BNA Patent, Trademark & Copyright Journal Advisory Board and the ALI Practical Lawyer Editorial Board, and a  Distinguished Libra Visiting Scholar in Residence at the University of Maine School of Law. Professor Mtima is the Founder and Director of the Institute for Intellectual Property and Social Justice, an accredited NGO member of the World Intellectual Property Organization (WIPO), and which advocates for core principles of socially equitable access, inclusion, and empowerment in the development and implementation of the IP ecosystem.

Professor Mtima is the editor/contributing author of Intellectual Property, Social Justice, and Entrepreneurship: From Swords to Ploughshares (Edward Elgar 2015) and a co-author of Transnational Intellectual Property Law (West Academic 2016). Some of his other publications include The Idea Exclusions in Intellectual Property Law, 28 Texas Intell. Prop. L. J. 343 (2020); IP Social Justice Theory: Access, Inclusion, and Empowerment, 55 Gonzaga L. Rev. 401 (2019/20); Digital Tools and Copyright Clay: Restoring the Artist/Audience Symbiosis, 38 Whittier Law L. Rev. 104 (2018); Copyright and Social Justice in the Digital Information Society: “Three Steps” Toward Intellectual Property Social Justice, 53 Hous. L. Rev. 459 (2015); A Social Justice Perspective on IP, Innovation, Entrepreneurship, Innovation and Entrepreneurship, in Entrepreneurship and Innovation in Evolving Economies: The Role of Law (Edward Elgar 2012); What’s Mine is Mine but What’s Yours is Ours: IP Imperialism, the Right of Publicity, and Intellectual Property Social Justice in the Digital Information Age, 15 S.M.U. Sci. &Tech. L. Rev. 323 (2012); Fulfilling the Copyright Social Justice Promise: Digitizing Textual Information, 55 N.Y.L. Sch. L. Rev. 77 (2010) (quoted in The Authors Guild v. Google Inc., 770 F. Supp. 2d 666, 679, n. 15, (S.D.N.Y. 2011); Copyright Social Utility and Social Justice Interdependence: A Paradigm for Intellectual Property Empowerment and Digital Entrepreneurship, 112 W. Va. L. Rev. 98 (2009); Whom the Gods Would Destroy; Why Congress Prioritized Copyright Protection Over Internet Free Speech and Privacy in Passing the Digital Millennium Copyright Act, 61 Rutgers L. Rev. 627 (2009); So Dark the CON(TU) of Man: The Quest for a Software Derivative Work Right in Section 117,  70 U. Pitt. L. Rev. 1 (2008); and “Tasini and Its Progeny: The New Exclusive Right or Fair Use on the Electronic Publishing Frontier?” 14 Ford. Intell. Prop., Media & Ent. L. J. 369 (2004) (quoted in Greenberg v. National Geographic Society, 533 F.3d 1244, 1264, 1266 (11th Cir. 2008) (dissenting opinion)).

 


Tom practices in the areas of copyright, right of publicity and trademark law.  Tom has represented companies large and small in copyright licensing, litigation and enforcement matters.  Tom speaks and writes frequently on copyright and related issues, and is the chief author of the annual review of copyright decisions published each year in the Journal of the Copyright Society of the USA and delivered at the Copyright Society’s annual meeting.  Tom is a past Trustee of the Society. 

Significant cases include Star Athletica, L.L.C. v. Varsity Brands, Inc., 137 S. Ct. 1002 (2017) (setting the standard for copyrightability of creative artwork incorporated into the design of a useful article); Penguin Group (USA) Inc. v. American Buddha, 609 F.3d 30 (2d Cir. 2010), 16 N.Y.3d 295 (2011) (on certified question), 640 F. 3d 497 (2d Cir. 2011) (concerning New York long-arm jurisdiction in copyright infringement cases involving copyrighted literary works on the Internet); Figure Eight Holdings, LLC v. Dr. Jay’s, Inc., 2011 U.S. Dist. LEXIS 107140 (C.D. Cal. Sept. 21, 2011) (obtaining grant of summary judgment of non-infringement of visual artwork for defendants), 2011 U.S. Dist. LEXIS 134089 (C.D. Cal. Nov. 18, 2011) (obtaining award of attorneys’ fees for prevailing defendants); Bill Graham Archives v. Dorling Kindersley Ltd., 448 F.3d 605 (2d Cir. 2006) (affirming summary judgment for defendant publisher that “thumbnail” reproductions of seven concert posters in Grateful Dead biography are transformative fair use); Penguin Group (USA) Inc. v. Thomas Steinbeck and Blake Smyle, 537 F.3d 193 (2d Cir. 2008), cert. denied, 129 S. Ct. 2383 (2009) (obtaining appellate reversal that invalidated the attempt by John Steinbeck’s son and granddaughter to terminate Penguin’s publishing agreement under Section 304(d) of the Copyright Act, and upheld Penguin’s right to continue publishing The Grapes of Wrath and other Steinbeck works for their full copyright terms); Hudson v. Universal Studios, Inc., 369 Fed. Appx. 291 (2d Cir. 2010), cert. denied, 131 S. Ct. 1027 (2011) (affirming grant of summary judgment for defendant creators that Eddie Murphy/Martin Lawrence film Life did not infringe copyright in plaintiff’s play).  Tom has participated in the drafting of amicus curiae briefs on behalf of organizations including the RIAA, the MPAA and Sony Computer Entertainment America.

Tom earned his J.D. in 1998 from Fordham Law School, where he was awarded First Place in the Nathan Burkan Memorial Writing Competition sponsored by the American Society of Composers, Authors and Publishers.  He is admitted to the bars of the State of New York, the Southern and Eastern Districts of New York, the Second, Sixth and Ninth Circuits, and the U.S. Supreme Court.


Mary Rasenberger is the CEO of the Authors Guild and Authors Guild Foundation. Prior to joining the Guild in November 2014, Mary practiced law for over 25 years in roles that spanned private practice, the government and corporate sector, as a recognized expert in copyright and media law. From 2002 to 2008 Mary worked for the U.S. Copyright Office and Library of Congress as senior policy advisor and program director for the National Digital Preservation Program. Immediately prior to coming to the Guild in late 2014, Mary was a partner at Cowan, DeBaets, Abrahams & Sheppard, and previously Counsel at Skadden Arps, where she counseled and litigated on behalf of publishing, media, entertainment, and internet companies, as well as authors and other creators, in all areas of copyright and related rights.

Earlier in her career, Mary worked at other major New York law firms and for a major record company. Mary is a frequent speaker, lecturer and writer on copyright law and authors’ rights. She is on the Council of the American Bar Association’s Intellectual Property Section; an Advisor to the Executive Committee of the Copyright Society of the USA; a founder of Copyright Awareness Week, and an Adviser to the American Law Institute’s Restatement of Law, Copyright. Mary received her J.D. from Harvard Law School, an M.A. in Philosophy from Boston College, and her B.A. from Barnard College.

 


Robert Clarida is a partner at Reitler Kailas & Rosenblatt, LLC in New York.  He has extensive experience in all aspects of copyright law and has litigated a number of high-profile copyright matters and significant appeals in several Circuits. Bob speaks and writes frequently on copyright issues, is the author of the treatise COPYRIGHT LAW DESKBOOK (BNA 2009), and co-authors the regular copyright law column in the New York Law Journal. He also teaches a seminar on emerging intellectual property issues at Columbia Law School and is the past chair of the Copyright and Literary Property Law Committee of the Association of the Bar of the City of New York. He earned his J.D. in 1993 from Columbia University, where he was a Harlan Fiske Stone scholar, after earning a Ph.D. in music composition from SUNY Stony Brook in 1987, and receiving a Fulbright fellowship to the Musicology Institute of Gothenburg University, Sweden.  He is admitted to the New York bar, and to the federal bars of the Southern, Eastern, Northern and Western Districts of New York, the Eastern District of Michigan, and to the U.S. Courts of Appeals for the First, Second, Seventh and Ninth Circuits.