Provo Marriott Hotel and Conference Center

Thursday, November 2, 2017

2:30 p.m.

Check-in

3:00 p.m.

Copyright Basics

Presenters: Peter Midgley, Ty Turley-Trejo
Trademark Basics 

Presenters: David Andersen

5:00 p.m.

Welcome Reception

Friday, November 3, 2017

8:00 a.m.

Check-in

Continental Breakfast

9:00 a.m.

Keynote Address:

Presenter: Troy Dow, Vice President for Government Relations, The Walt Disney Company 

10:15 a.m.

Morning Break

10:30 a.m.

Plenary Session: Fair Use Debate

Proposition:  The doctrine of transformative fair use has gone too far

Moderator: Julie Rose

Debaters:

For the proposition:  Edward Rosenthal, Mickey Osterreicher

Against the proposition: Mitch Stoltz, Blake Reid

Noon

Lunch Keynote Address:

Presenter: Brian Crane, Creator, Pickles Comic Strip

Copyrighting or Copy Wronging? You Decide 

1:10 p.m.

Plenary Session: Copyright Litigation-A Year in Review

     Presenters: Catherine RowlandRegan Smith

 

2:15 p.m.

Breakout Sessions

1A.  Music & Copyright: A path forward

     Moderator: Ty Turley-Trejo

     Presenters: Bob Kohn, Regan Smith

1B. Open Educational Resources

     Presenters:  Paul Angerhofer, Michael Whitchurch,

    Jonathan Wisco, Robert Bodily

1C. Free Speech and Disparaging Trademarks

     Presenters: David Andersen, Virginia Isaacson

3:15 p.m.

Breakout Sessions

2A. Copyright and Higher Education

Moderator: Catherine Rowland

Presenters: Jessica SebeokJack Bernard

2B. DMCA Tug-of-War: Balancing the Interests of Rightsholders, Users, and ISP's

     Presenters:  Michael Erickson, Joshua Lamel, Clark Asay

2C. Trademarks for Educational Institutions

     Presenters: John Stringham, Ryan Brady, Adam Parker

4:15 p.m.

Wrap-Up

Thursday, November 2, 2017

Copyright Basics
Presenters: Peter Midgley, Ty Turley-Trejo

This session will cover basic copyright concepts such as copyright-eligible subject matter, ownership, exclusive rights, term, public domain, etc.

Trademark Basics
Presenter: David Andersen

This session will cover basic trademark principles such as trademark-eligible subject matter, federal registration, likelihood of confusion, trade dress, dilution, etc.

Friday, November 3, 2017

Keynote Address

Copyright’s Trajectory:  What to Watch and Why Does Utah Care?
Troy Dow

There are many in Utah with an interest in the development of copyright law — perhaps more than you might expect.  Mr. Dow will speak from his experience handling IP legal policy and strategy at Disney about copyright and Utah’s creative economy, recent developments in copyright law, and things to keep an eye on, from court cases to legislative and regulatory developments.

Plenary Session: Fair Use Debate

Proposition: The doctrine of transformative fair use has gone too far
Moderator: Julie Rose
Debaters:
For the proposition: Edward Rosenthal, Mickey Osterreicher
Against the proposition: Mitch Stoltz, Blake Reid

The fair use doctrine has been a fixture of American copyright law for more than 170 years. Traditionally, fair use cases often hinged on the “commercial” vs. “non-commercial” nature of the use in question, with commercial uses being presumptively “unfair.” In a seminal Harvard Law Review article published in 1990, Judge Pierre Leval introduced the concept of "transformativeness" into fair use law, which was embraced by the Supreme Court in 1994 in Campbell v. Acuff Rose. In that case, the Supreme Court called the transformative inquiry the “heart of the fair use” doctrine, and concluded that a rap parody of a famous rock ballad was a protected fair use, even though it was unequivocally commercial.

In the years that have followed, the transformative fair use doctrine has grown in significance, with transformativeness arguably replacing commerciality as the touchstone for determining fair use in many cases. Even so, the “transformative” buzz word has stirred much controversy among copyright practitioners, scholars and even judges. Some have argued that the term is ill-defined and provides unclear guidance for artists, authors, and educators, etc. as to what is allowed and what is not. Others have argued that the transformative fair use doctrine is a vital tool for giving people a voice to make socially beneficial uses of copyrighted works. In this debate, two teams will lay out their best arguments for and against the proposition, and the audience will get to decide which side presents the more persuasive arguments.

Note: This debate assumes a basic knowledge of fair use. We highly recommend attendance at the Copyright Basics session on Thursday, November 2nd OR taking our BYU Copyright Tutorial on our website prior to attending this session.

Copyright and Higher Education

Moderator: Catherine Rowland

Presenters: Jessica Sebeok, Jack Bernard

The intersection of higher education and copyright is growing increasingly relevant. With the high-profile Georgia State and Hathi Trust cases, as well as new questions surfacing every day about classroom modernization, how do we balance the exclusive rights of copyright owners with flexibility for educators? This panel brings together thought leaders in Higher Ed to elucidate and empower educators in the realm of copyright.

1A. Music and Copyright: A path forward 

Moderator: Ty Turley Trejo

Presenters: Bob Kohn, Regan Smith

Music copyright can be a mess to navigate, and digital technology is challenging some of our basic assumptions about it.  This panel seeks to break down the complexity of music licensing and untangle some of the confusion while contemplating a path forward. This session will also include a 15-20 minute Q&A with the presenters.

NOTE: A basic understanding of music copyright will be assumed for this session.  

1B. Open Educational Resources
Presenters: Paul Angerhofer, Michael Whitchurch, Jonathan Wisco, Robert Bodily

As textbook prices continue to rise, more and more educators and students are turning to open educational resources and other affordable alternatives to traditional textbooks. This panel will explore the copyright implications of the OER movement generally, and will discuss a recent case study in which a BYU professor developed and adopted an open, affordable alternative to a traditional textbook.

1C. Free Speech and Disparaging Trademarks
Presenters: David Andersen, Virginia Isaacson

In June 2017, the Supreme Court decided a case involving a federal trademark registration application for a rock band named “The Slants.” Although the application had been rejected under the “disparagement clause” of the Lanham Act, the Supreme Court unanimously held the clause unconstitutional under the free speech clause of the First Amendment. This presentation will explore the implications of the Supreme Court’s ruling for “disparaging” trademarks going forward.

2A. “Copyright Litigation – A Year in Review”

Presenters: Catherine Rowland, Regan Smith

What do cheerleaders, Rastafarians, YouTubers, politicians, and monkeys have in common? Add Sirius XM, Conan O'Brien, Star Trek, and Beyonce to the mix and you guessed it: copyright lawsuits! In this panel, representatives from the United States Copyright Office will review landmark copyright cases from the past year, underscoring their implications and what they say about the climate of copyright law moving forward.

2B. DMCA Tug-of-War: Balancing the Interests of Rightsholders, Users, and ISP’s
Presenters: Michael Erickson, Joshua Lamel, Clark Asay

Content owners frequently worry about rampant piracy on the Internet. Users often complain about receiving overreaching DMCA takedown notices. And ISP’s sometimes feel trapped in the middle of this uncomfortable tug-of-war. This panel will explore the balance struck under the DMCA, in view of recent developments such as the BMG v. Cox case, in which an ISP was ordered to pay $25 million for the infringing acts of its customers.

2C. Trademarks for Educational Institutions
Presenters: John Stringham, Ryan Brady, Adam Parker

Modern educational institutions experience a variety of unique trademark challenges. Many universities have a wide array of campus stakeholders with differing priorities and interests. For example, athletic logos and other marks are often developed and used in ways that are quite different than the academic marks of a given institution. The panelists will discuss these and other trademark issues confronted at educational institutions. 

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