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Fundamentals of Copyright Law in the Data Era 2015


Speaker(s): Dale Cendali, Deirdre Merrill, Erik Bertin, Joseph C. Gratz, Joshua L. Simmons, Katherine C. Spelman, Matthew P. Zinn, Naomi Jane Gray, Sophie Cohen
Recorded on: Jun. 25, 2015
PLI Program #: 59303

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)


Dale Cendali is a nationally recognized leader in the field of intellectual property litigation, having successfully litigated and tried numerous high-profile cases, and having argued before the U.S. Supreme Court. Her practice encompasses copyright, trademark, false advertising, patent, Internet, and trade secrets law, as well as defamation, the right of publicity, privacy, complex contract disputes and similar areas, including electronic discovery. Dale heads Kirkland’s Copyright, Trademark, Internet and Advertising practice group.

In 2017, Dale was named “Outstanding Litigator: New York” at Managing IP’s North America Awards. In 2016, Law360 named Dale one of the 25 “Icons of IP,” who have “made an indelible mark in the IP area.” In 2013, The National Law Journal selected Dale as one of the “100 Most Influential Lawyers in America.” The National Law Journal had previously named her one of “America’s Top 50 Women Litigators,” one of the “50 Most Influential Women Lawyers in America,” and one of “The Most Influential Lawyers” for media and entertainment. Dale has repeatedly been ranked as a “top tier” lawyer by Chambers Global and Chambers USA, which describes her as “one of the best lawyers in the country” in her field who combines “intellectual acuity” with a “tough, hard-working attitude”; a “superb litigator” who “thinks quickly on her feet and vigorously defends her clients.” The World Trademark Review recognized Dale as a “Trademark Experts’ Expert,” “at the top of anybody’s list of the best trademark lawyers in the country”. Euromoney Legal Media Group also named Dale as “Best in Copyright [in] the Americas” at its inaugural Americas Women in Business Law Awards in 2012 and in 2013, and in 2014 was awarded “Best in Trademark [in] the Americas.” Dale also was included in Euromoney’s Benchmark guide, “The Top 250 Women in Litigation.” Dale was also selected as one of the “20 Most Influential Women in IP Law” by Law360.  Managing Intellectual Property selected Dale as one of the six “Outstanding IP Practitioners” in the United States, and named her trial victory for J.K. Rowling on the high-profile “Lexicon” fair use case as the “Copyright Trial of the Year.” IP Stars has named Dale one of the “Top 10 Women in IP.” Dale was listed as one of Lawdragon’s 500 Leading Lawyers in America in the 2013-2014 and 2014-2015 guides. The Legal 500 U.S. recognized Dale as a “leading lawyer” in the areas of copyright and trademark litigation. IP Law & Business recognized her as one of the “Magnificent Seven - IP’s Best Young Trial Lawyers.” Dale was selected for the 2017 edition of The Best Lawyers in America in the areas of Copyright Law and Litigation – Intellectual Property. In 2016, she was selected as Litigation – Intellectual Property “Lawyer of the Year.” She also has repeatedly been named by Super Lawyers among “The Top 100 New York Lawyers” and “The Top 50 Female New York Lawyers,” and was profiled in the feature story “Truth, Justice and the Cendali Way” in the 2007 New York Metro edition of Super Lawyers Magazine. World Trademark Review named Dale a “revered branding expert” who “remains keenly engaged in the development of the law.” Dale has been recognized by the Harvard Law Bulletin as one of Harvard Law School’s “Nifty 50,” celebrating 50 of Harvard Law School’s alumnae. Dale was also selected as a litigation star in the 2013 edition of Benchmark Appellate. Kirkland was named by Managing Intellectual Property in 2014 as “Trademark Contentious Firm of the Year-Nationwide.”

Dale is also an adjunct professor at Harvard Law School, teaching copyright and trademark litigation. She is also a prolific writer and has long been active in the bar. In 2010, INTA elected Dale to serve as Counsel, the highest-ranking position in the organization for an outside counsel. She also previously chaired INTA’s Dilution and Enforcement Committees, and is the current chair of INTA’s inaugural Copyright Committee.

Dale was also the Vice Chair of the Copyright Division and chair of the IP Special Issues Division for the IP Section of the ABA, and currently serves on Council for the ABA IP Section. Among many other positions in the bar, Dale is also the former Chair of the Trademarks and Unfair Competition Committee of the Association of the Bar of the City of New York. In 2015 Dale was selected as an Adviser for The American Law Institute’s project, Restatement of the Law, Copyright.

Education

Harvard Law School, J.D., 1984

  • Editor-in-Chief, The Harvard Journal on Legislation, 1983–1984

Yale University, B.A., 1981

  • summa cum laude
  • Phi Beta Kappa

Admissions & Qualifications

1985, New York


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


Erik Bertin is Deputy Director for Registration Policy and Practice for the United States Copyright Office (USCO). He was appointed to the position in 2015. Bertin assists the Associate Register of Copyrights and Director of Registration Policy and Practice on a full range of legal, policy, and governance issues involving the USCO and its administrative responsibilities.

Bertin joined the USCO in 2011 as an Attorney-Advisor in the Office of Policy and International Affairs and served as an Assistant General Counsel from 2013 to 2015. Before joining the Office, he worked in private practice for fifteen years in Washington, DC where he represented a wide range of clients in intellectual property matters.


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.


Ms. Gray focuses her practice on intellectual property (including copyrights, trademarks and trade secrets) and commercial litigation, prosecution and counseling.  She has managed complex cases in all phases of litigation, from prelitigation counseling through appellate review. Her extensive copyright experience includes representing a magazine publisher in a series of cutting-edge lawsuits at the intersection of traditional print media and emerging electronic technologies which ultimately established the publisher’s right to reproduce its flagship magazine in electronic format (see, e.g., Faulkner, et al. v. National Geographic Society, et al., 294 F. Supp. 2d 523 (S.D.N.Y. 2003); aff’d, 409 F.3d 26 (2d Cir. 2005)). 

Ms. Gray is the current Vice President and President-Elect of the Copyright Society of the U.S.A.  She authors the copyright and trademark blog Shades of Gray®, www.shadesofgraylaw.com. 


Recognized as a “Next Generation Lawyer” (Legal 500), Joshua Simmons focuses his practice on intellectual property litigation and counseling, as well as regulatory and legislative policy.  This “Top Attorney” (Law360) litigates copyright, patent, trademark, and trade secret cases—particularly complex cases and those of first impression—along with contract, licensing, and domain name disputes.  He also advises on IP matters that intersect with antitrust, computer and Internet fraud, false advertising, publicity right, privacy, and social media issues.

Josh routinely is recognized for his appellate and trial court representations in intellectual property, media, and entertainment cases.  Law360 named Josh a “Rising Star” for his media and entertainment matters.  The Legal 500 recognized Josh for his copyright, trademark litigation, trade secrets, and media and entertainment practices.  Super Lawyers repeatedly has named Josh a “Rising Star” for his intellectual property litigation practice.  And Josh was part of the Kirkland team Managing Intellectual Property magazine honored for its work on “Milestone Case of the Year” Oracle America v. Google.

Josh’s high-profile matters involve computer software and services, consumer and leisure products, financial services, health care and pharmaceuticals, media and entertainment—such as electronic games, film, news, publishing, sports, television and theatre—and telecom.  They have been featured in the mainstream media, legal periodicals, and trade press.

In addition to maintaining a full-time litigation practice, Josh is a frequent speaker and has authored numerous articles on emerging trends in intellectual property.  He also is an active member of the intellectual property bar:

• At the ABA Intellectual Property Law Section, he chairs its Copyright Law Reform Task Force, serves on its governing Council, and is a Council Liaison to its Copyright Division.

• He is Vice Chair of the Intellectual Property Owners Association’s Software Related Inventions Committee, and its liaison to the American Law Institute’s Restatement of the Law, Copyright project.

• He chairs the Copyright Society’s Media Library Committee. 

• He is a member of the Board of Advisors to Columbia Law School’s Kernochan Center for Law, Media and the Arts.

Josh’s pro bono includes representing asylum seekers before the Department of Homeland Security and the American Theatre Wing, Comic Book Legal Defense Fund, Fashion Law Institute, and others in IP-related matters.

He received a J.D. from Columbia Law School, where he was awarded the Carroll G. Harper Prize for achievement in intellectual property, and a B.A. from Brandeis University.


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.


At TiVo, Matt has overall responsibility for the Company's legal, government relations and privacy matters. Prior to joining TiVo, Matt was Senior Attorney, Broadband Law and Policy for MediaOne in Denver, Colorado. During his tenure there, he developed strategies and advocacy positions on video and high-speed data issues, negotiated carriage deals with television programmers, and provided legal support to MediaOne's corporate marketing, operations, engineering, commercial sales and regional counsel. 

Before joining MediaOne, Matt served as Corporate Counsel for Continental Cablevision's Western Region, based in Los Angeles. Prior to that, he was an associate with the Washington, D.C., law firm of Cole, Raywid & Braverman, where he represented cable operators before the FCC.

Matt holds a juris doctorate from the George Washington University National Law Center and a Bachelor's of Arts degree in Political Science from the University of Vermont. Matt is a frequent speaker at conferences addressing legal issues confronting multi-channel video providers.

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