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Protecting IP Rights in Digital Works of All Types, Including Copyrighting Metadata: Review recent Victor Elias Photography LLC v Ice Portal Inc decision, other related cases for photographers and other artists, and best practice

Mark Wittow
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.

Scott Sholder
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.

On-Demand: January 30, 2023

$95.00 1 hour CLE

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Program Summary

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:

  • 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
  • Implications of that decision, and other related cases, for photographers and other artists licensing digital work, and for their licensees
  • Best practices should counsel for licensors and licensees of creative works in digital formats employ when drafting licensing agreements

Date: November 15, 2023

Closed-captioning available

Speakers

Mark Wittow_ K&L Gates LLP._myLawCLEMark 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 Shoulder_ Cowan DeBaets Abrahams & Sheppard LLP._myLawCLEScott 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.

Agenda

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

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