Mark Wittow is a partner in and former practice group leader of the K&L Gates intellectual property and technology transactions group.
Scott Sholder is a partner with Cowan, DeBaets, Abrahams & Sheppard LLP and is the co-chair of the firm’s litigation practice group.
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In Victor Elias Photography L.L.C. v. Ice Portal Inc., the Court of Appeals for the Eleventh Circuit recently held that merely removing copyright management information (CMI), without showing that that defendant knew or would have reason to know that its actions would induce, enable, facilitate, or conceal a copyright infringement is insufficient to meet the Digital Millennium Copyright Act’s (DMCA) requirements for liability for wrongful removal of CMI, under 17 U.S.C. section 1202(b). A petition for certiorari by Victor Elias Photography currently is pending with the U.S. Supreme Court.
This CLE webinar will review the statutory context, the recent Eleventh Circuit decision, other related cases from the federal district and appellate courts, and potential consideration by the U.S. Supreme Court. It also will provide background on copyright metadata and suggest best practices for licensing and protecting IP rights in digital works of all types.
Key topics to be discussed:
Date: May 19, 2023
Mark Wittow | K&L Gates LLP
Mark Wittow is a partner in and former practice group leader of the K&L Gates intellectual property and technology transactions group. Mr. Wittow’s work focuses on complex intellectual property, technology and data related transactions and counseling, including the acquisition, development, marketing, licensing and distribution of mobile applications and computing devices, cloud-based software and other types of computing and data management services, other types of technologies, music, and other media content.
He advises clients on electronic commerce, data privacy and data protection issues, technology litigation settlements, and patent licensing and dispositions. Mr. Wittow also is an adjunct professor at the University of Washington and Seattle University law schools.
Scott Sholder | Cowan DeBaets Abrahams & Sheppard LLP
Scott Sholder is a partner with Cowan, DeBaets, Abrahams & Sheppard LLP and is the co-chair of the firm’s litigation practice group. His practice focuses on litigation, counseling, and dispute resolution in the areas of entertainment, media, and intellectual property. He represents and advises clients across various industries in copyright, trademark, unfair competition, right-of-publicity, defamation, and commercial matters, from pre-litigation and risk management counseling to federal and state court litigation, arbitration, and mediation.
I. Background and context for, and key holdings of, the recent Victor Elias Photography L.L.C. v. Ice Portal Inc. decision on liability for removal of copyright management information | 2:00pm – 2:20pm
II. Implications of that decision, and other related cases, for photographers and other artists licensing digital work, and for their licensees | 2:20pm – 2:40pm
III. Best practices should counsel for licensors and licensees of creative works in digital formatsemploy when drafting licensing agreements | 2:40pm – 3:00pm