Program Details
2026-09-18 12:00:00
Over 1,000+ webinars
Course Overview
2026-09-18 12:00:00
2h CLE Credits
Intermediate
2
12:00 pm - 1:00 pm ESTThis session equips attorneys to respond strategically to image copyright demand letters on behalf of small business clients — covering how to verify registration timing and ownership, how to calculate real damages exposure under 17 U.S.C. §§ 412 and 504(c), and how to negotiate settlements grounded in actual market value rather than inflated statutory threats. Attorneys will leave with a step-by-step framework for evaluating any demand letter, identifying whether the sender is a serial litigant, and positioning the client for the most cost-effective resolution. The session draws on recent trial outcomes — including the March 2026 Prepared Food Photos v. Jaber verdict — to show how courts and juries value single-image uses by small businesses.
Darin Klemchuk 1:10 pm - 2:10 pm ESTThis session walks defense counsel through every stage of a Copyright Claims Board proceeding—from evaluating the opt-out decision at notice through discovery, written submissions, and final determination. Attorneys will learn how CCB procedural structure, damage caps, and discovery limitations create strategic advantages for small business respondents that federal court cannot replicate. Attendees will leave with a working framework for assessing opt-out risk, avoiding default, deploying available defenses, and leveraging settlement and enforcement gaps to achieve favorable outcomes.
Melissa M. EckhauseDarin Klemchuk is a Dallas-based intellectual property attorney whose practice centers on IP litigation, patents, trademarks, copyrights, and anti-counterfeiting strategy. He has handled more than 500 intellectual property disputes, including over 40 patent infringement cases and hundreds of IP enforcement actions, and he regularly represents both plaintiffs and defendants — from Fortune 500 corporations to startups with disruptive technologies. His work also spans commercial and business litigation, injunctive relief battles involving trade secrets and non-competes, and software-driven IP enforcement programs built for luxury brands, consumer products manufacturers, online service providers, and software publishers.
Professor Eckhause studies the intersection of technology, intellectual property law, and art, with particular attention to how visual artists, musicians, and other creators fare in the digital age. Her scholarship speaks directly to this program: she has published an empirical study of copyright infringement lawsuits involving photography and a leading article examining how the Copyright Claims Board serves self-represented litigants. Before entering academia, she spent more than a decade practicing, representing music and film producers, Fortune 500 companies, start-ups, entertainment professionals, and professional athletes.
Darin Klemchuk is a Dallas-based intellectual property attorney whose practice centers on IP litigation, patents, trademarks, copyrights, and anti-counterfeiting strategy. He has handled more than 500 intellectual property disputes, including over 40 patent infringement cases and hundreds of IP enforcement actions, and he regularly represents both plaintiffs and defendants — from Fortune 500 corporations to startups with disruptive technologies. His work also spans commercial and business litigation, injunctive relief battles involving trade secrets and non-competes, and software-driven IP enforcement programs built for luxury brands, consumer products manufacturers, online service providers, and software publishers.
Professor Eckhause studies the intersection of technology, intellectual property law, and art, with particular attention to how visual artists, musicians, and other creators fare in the digital age. Her scholarship speaks directly to this program: she has published an empirical study of copyright infringement lawsuits involving photography and a leading article examining how the Copyright Claims Board serves self-represented litigants. Before entering academia, she spent more than a decade practicing, representing music and film producers, Fortune 500 companies, start-ups, entertainment professionals, and professional athletes.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
Formats
