X v. Bright Data Web scraping preempted by the Copyright Act

Courtney Sarnow
Courtney Sarnow
Culhane Meadows

Courtney Sarnow is a partner in the Atlanta office of Culhane Meadows with over twenty-five years of experience in a broad-based transactional practice with a specific focus on intellectual property and technology.

Jeremy S. Goldman
Jeremy S. Goldman
Frankfurt Kurnit Klein & Selz PC

Jeremy S. Goldman is a partner in the Litigation Group and Co-Chair of the Emerging Technology Group, focusing on intellectual property, entertainment, media, privacy, technology, and commercial law.

On-Demand: August 29, 2024
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Program Summary

Session I – Foundations of Copyright: Essential knowledge for today's legal practice – Courtney Sarnow

Copyright Law has expanded in scope and relevance over the past several years, and the addition of AI to the Copyright realm has recently launched Copyrights straight into the headlines. In order to really understand any of the new developments in this area of Intellectual Property, you need to understand the basics of copyright. Your clients are reading about it; even if your practice never includes Intellectual Property, it is smart to be conversant in the issues in today’s legal climate.

This presentation will provide exactly that: an understanding of the foundational elements of Copyright Law and a brief discussion of how they underlie the issues in the headlines.

Key Topics

  • What Copyright Is…and Isn’t
  • Infringement and Enforcement of Protected Rights
  • Derivative Rights and Fair Use
  • Copyright Law’s Relationship with Technology – from Piano Rolls to Artificial Intelligence

Session II - Copyright Preemption Expansion: The blockbuster X v. Bright Data - Jeremy S. Goldman

In this presentation, accomplished media and entertainment litigator Jeremy S. Goldman will explore copyright preemption through the lens of X v. Bright Data. In this blockbuster ruling, the court held that the social media giant’s claims against a web scraping company were preempted by the Copyright Act under the conflict preemption doctrine. The presentation will demystify copyright preemption and analyze the implications of this important decision.

Key Topics

  • Copyright Preemption: Understanding the concept and legal framework
  • Case Background and Court’s Decision: Detailed analysis of X v. Bright Data and the court’s reasoning
  • Implications for Web Scraping and Data Use: How this ruling affects data scraping practices and contractual enforcement
  • Future Legal Landscape: Potential future applications and trends in copyright preemption in digital content dispute

Closed-captioning available

Speakers

Courtney Sarnow_Culhane Meadows Haughian & Walsh PLLC._myLawCLECourtney Sarnow | Culhane Meadows

Courtney Sarnow is a partner in the Atlanta office of Culhane Meadows with over twenty-five years of experience in a broad-based transactional practice with a specific focus on intellectual property and technology. She has developed a distinctly creative and problemsolving approach to address client plans and issues. As a young attorney, Ms. Sarnow learned that focusing on what a client can’t do and shouldn’t do is unnecessarily limiting and seldom helps the client maximize corporate opportunities. Her approach of looking for ways to accomplish corporate goals within an informed legal framework is more valuable for growth focused, technology forward companies than a stereotypical corporate counsel who instinctively thwarts innovation.

Early in her career with Dow, Lohnes & Albertson in Atlanta, she worked in the Mergers & Acquisitions Group and in IP Licensing with traditional clients, as well as some unusual NASCAR and Professional Bull Rider representation thrown in from time to time. This gave her an appreciation for creative clients. After a sojourn in Philadelphia at Temple University as a Teaching Fellow earning an LLM in Law Teaching and studying developing issues in computer law and software licensing, she returned to Atlanta to teach as an Adjunct at Emory Law and develop a practice focused on intellectual property protection and general corporate strategies for artists, inventers and innovative entrepreneurial ventures.

 

Jeremy S. Goldman_myLawCLEJeremy S. Goldman | Frankfurt Kurnit Klein & Selz PC

Jeremy S. Goldman is a partner in the Litigation Group and Co-Chair of the Emerging Technology Group, focusing on intellectual property, entertainment, media, privacy, technology, and commercial law.

Jeremy is an accomplished media and entertainment litigator, focusing on copyright, trademark, privacy, intermediary liability, right of publicity, First Amendment, and business disputes. Jeremy draws on his sophisticated understanding of law, technology and industry, along with creative problem-solving and litigation skills, to help clients navigate complex legal challenges in and outside the courtroom. Best Lawyers in America ranks Jeremy for his entertainment litigation practice and The Legal 500 has recognized him for his work on high-profile copyright and privacy matters.

Beyond his litigation practice, Jeremy advises startups and established companies on intellectual property, commercial, licensing, and privacy matters, especially when transactions and projects intersect with emerging technologies like artificial intelligence, blockchain, and new media. Leveraging his strong technical background and instincts as a litigator, Jeremy provides practical, business-minded advice and simplifies complex technology and legal concepts into plain English. In 2023, The Los Angeles Times recognized Jeremy as a “Legal Visionary” for his emerging technology practice.

Agenda

Session I – Foundations of Copyright: Essential knowledge for today’s legal practice | 12:20pm – 1:20pm

  • What Copyright Is…and Isn’t
  • Statutory Definitions
    • Enumerated Rights
    • Duration of Rights
  • Infringement and Enforcement of the Protected Rights
    • Elements of Infringement
    • Limitations on Infringement
  • Derivative Rights and Fair Use
  • Copyright Law’s Relationship with Technology – from Piano Rolls to Artificial Intelligence

Break | 1:20pm – 1:30pm

Session II – Copyright Preemption Expansion: The blockbuster X v. Bright Data | 1:30pm – 2:30pm

  • Copyright Preemption: Understanding the concept and legal framework
  • Case Background and Court’s Decision: Detailed analysis of X v. Bright Data and the court’s reasoning.
  • Implications for Web Scraping and Data Use: How this ruling affects data scraping practices and contractual enforcement
  • Future Legal Landscape: Potential future applications and trends in copyright preemption in digital content disputes

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