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With more of the world going virtual during the pandemic, sharing online posts and media is joining online shopping as the new norm. This CLE course provides an overview of various copyright and publicity issues, overview of various copyright protections available, strategies for addressing copyright takedowns and litigation, tips and tools to combat online counterfeits, and an overview of right of publicity issues online.
The second hour of the CLE continues the discussion of the intersection of copyright law and social media, focusing on best practices for the protection of social media content as well general guidelines to avoid posting infringing works. As social media tends to cross national borders, this course will also provide a brief discussion of international copyright laws.
Key topics to be discussed:
Date / Time: January 28, 2021
Closed-captioning available upon request
Joel Tragesser | Partner | Quarles & Brady LLP
Mr. Tragesser is a member of the Intellectual Property Practice Group and the Corporate Venturing Team. He practices in the areas of trademark law and brand management, intellectual property licensing, and business & intellectual property litigation.
Katelin Drass | Associate | Quarles & Brady LLP
Ms. Drass is a member of the Intellectual Property Practice Group. She focuses her practice on general intellectual property matters including trademarks, copyright, advertising, brand management, and intellectual property litigation.
Laura Kees | Partner | Womble Bond Dickinson LLP
Ms. Kees is a member of the Trademark & Copyright Group. She received a specialization in Intellectual Property in law school and has advised trademark and copyright clients for more than 15 years. She is ranked in the Best Lawyers in America 2021 rankings for copyright law.
I. Overview | 2:00pm – 2:12pm
II. Copyright Protections Available for Online Content Makers | 2:12pm – 2:24pm
a. Overview of Copyright Law
i. What is copyrightable content online?
1. Publication issues
ii. Benefits of copyright registration
b. Registration Options
i. New Group Registration Option for Short Online Literary Works
ii. Photographs and other content
III. Copyright Enforcement | 2:24pm – 2:36pm
a. Copyright takedown strategies and the DMCA
b. Litigation options
c. Fair Use Considerations
d. Best Practices in Copyright
IV. Tips and Tools for Sellers to Combat Online Counterfeits | 2:36pm – 2:48pm
a. Monitoring Online Platforms and Documenting Counterfeits
b. Online Intellectual Property Infringement Reports
c. Amazon Brand Registry
d. eBay Verified Rights Owner (VeRO) program
e. United States Customs and Border Protection
f. Locating Seller Information for a Cease & Desist Letter
V. Right of Publicity Issues Online | 2:48pm – 3:00pm
a. What is the right of publicity?
b. First Amendment Considerations
c. Balancing of creative expression and violation of privacy rights
d. Avoiding Right of Publicity Claims
VI. Reasons for obtaining copyright protection | 3:00pm – 3:20pm
a. Discussion of Fourth Estate
b. Damages: 17 U.S.C. §504
c. Length of protection
VII. Guidelines for avoiding infringement of third-party content | 3:20pm – 3:45pm
b. Requests for Permission
c. Creative Commons
VII. International Copyright Laws | 3:45pm – 4:00pm
b. Berne Convention and other agreements