Can an Old Dog Like Copyright Law Learn New Tricks?
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Beverly Hills Bar Association May 10, 2018 Lunch Program Intellectual Property, Internet & New Media Section present Copyright & New Technology: Can an Old Dog Like Copyright Law Learn New Tricks? Since the major overhaul of copyright law in 1976, and the passage of the Digital Millennium Copyright Act in 1996, there has not been much change in Title 17 of United States Code. There have been attempts to pass legislation (such as the Section 115 Reform Act of 2006 ["SIRA" or "S1RA"], the controversial Stop Online Piracy Act ["SOPA"] and Protect Intellectual Property Act ["PIPA"]). New proposals continue to be raised (such as the so-called "Music Modernization Act"), but these have not yet gathered much traction. The most significant change in copyright law, the Sonny Bono Copyright Term Extension Act, passed in 1998, did nothing to address new technological developments. Copyright law nevertheless continues to evolve through case law, even without any new statutes enacted in more than 20 years to rapidly changing systems of distributing content. Recent cases, however, often apply well- established doctrines to address problems raised by new technologies, some of which purport to exploit loopholes in existing copyright statutes. These attempts to push the boundaries of copyright protection meet with varying degrees of success, and raise additional questions. A panel of three distinguished copyright practitioners discuss individual decisions and trends in copyright decisional law applied to newer technologies. Speakers: S. Martin Keleti, Keleti Law, Moderator Caroline H. Mankey, Akerman LLP Devin A. McRae, Early Sullivan Wright Gizer & McRae LLP Aaron J. Moss, Greenberg Glusker Fields Claman & Machtinger LLP Thursday, May 10, 2018 Registration/Lunch: 12:00 p.m. | Program: 12:30 p.m. – 2:00 p.m. Beverly Hills Bar Association 9420 Wilshire Blvd., 2nd Floor, Beverly Hills, CA 90212 (Parking at 241 No. Canon Drive) S. Martin Keleti, Esq. – Section & Program Chair | Vera Golosker, Esq. – Vice Chair MCLE CREDIT This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1.5 HOURS of Participatory Credit and the Beverly Hills Bar Association certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. Beverly Hills Bar Association | 9420 Wilshire Blvd., 2nd Floor, Beverly Hills, CA 90212 | P: 310.601.2422 | F: 310.601.2423 | www.bhba.org 1 Contents Page ⦁ Bios........................................................................................................ Page 2 ⦁ Goldman v. Breitbart News Network, LLC................................................Page 4 ⦁ Redbox-Codes-Lawsuit...........................................................................page 29 ⦁ Disney-Redbox Order Denying Preliminary Injunction.............................Page 48 ⦁ Disney Second Motion for PI against Redbox............................................Page 74 ⦁ Tickbox-Complaint................................................................................... Page 96 ⦁ Tickbox Opp to Motion for Preliminary Injunction.....................................Page 117 ⦁ Minutes re motion for preliminary injunction - TickBox..............................Page 135 ⦁ Tickbox Preliminary Injunction...................................................................Page 170 ⦁ Amazon Content Services v. Set Broadcast Complaint.................................Page 174 ⦁ U.S. v. Lundgren (11th Cir.).........................................................................Page 199 1 Panelists S. Martin Keleti (Moderator) is chair of the Beverly Hills Bar Association Intellectual Property, Internet and New Media section. A member of both the California and District of Columbia bars, Mr. Keleti has practiced civil litigation in federal and state courts, in trial courts, intermediate appellate courts, and courts of last resort, as well as before administrative agencies. His practice has an emphasis on intellectual property and entertainment matters, including cases involving copyrights, trademarks, the right of publicity, and design patents. His practice extends to general business litigation, decedents’ estates, civil rights, personal injury, real estate, and family law. Mr. Keleti divides his time between trial court and appellate cases. He also represents clients in transactional matters. In intellectual property and entertainment matters, Mr. Keleti has represented clients in such diverse industries as music publishing and recording, photography, book publishing, and fashion. In addition to his own firm, Keleti Law, he collaborates and consults with several firms, often providing a local presence to out-of- state law firms. Mr. Keleti has also served as an expert witness. In addition of moderating panels for the BHBA, he has spoken publicly on legal topics, been a guest lecturer, and served as an adjunct professor of law. Mr.Keleti has been counsel in several cases with published opinions, including Cosmetic Ideas v. IAC/InterActiveCorp, 606 F.3d 612 (9th Cir. 2010), cert. denied, 131 S. Ct. 686; J.C. v. Beverly Hills Unified School Dist., 711 F. Supp. 2d 109 (C.D. Cal. 2010); Peterson v. Highland Music, Inc., 140 F.3d 1313 (9th Cir. 1998) (at trial only); Stratta v. George Duke Enters., 43 U.S.P.Q.2d 1628 (S.D.N.Y. 1997); Russell v. Foglio, 160 Cal. App. 4th 653 (2008). Caroline H. Mankey (Speaker) is a partner at Akerman LLP, an Am Law 100 law firm. She is a seasoned trial lawyer whose commercial litigation practice is focused on intellectual property and entertainment. Caroline has represented high-profile, well- known clients in the entertainment, media, arts, fashion, design, and technology industries in disputes involving copyrights, trademarks, trade secrets, defamation, licensing and other contract rights, rights of publicity, business interference, and partnership disputes. Caroline also handles high stakes, high profile, and sensitive employment issues, including sexual harassment and discrimination, as well as personal disputes arising out of domestic relationships. Devin McRae (Speaker) is a co-founding partner of the litigation boutique Early Sullivan Wright Gizer & McRae LLP. Mr. McRae is a business litigator with a particular emphasis in entertainment, intellectual property and employment disputes, including those concerning breach of contract, copyright and trademark infringement, idea submission, royalties and participations, distribution agreements, trade secrets, discrimination, harassment and wrongful termination. Notable copyright cases handled by Mr. McRae have involved popular television series such as The Walking Dead, Ninja Warrior, MXC, Wipeout, Big Brother, and Timeless. Mr. McRae is a member of the Academy of 1 2 Television Arts & Sciences. He is routinely called upon by the media to provide commentary on high profile issues of entertainment law and litigation. He has been selected for inclusion in Southern California Super Lawyers Editions 2016-2018, Southern California Super Lawyers–Rising Stars Editions 2009, 2011-2015, and was named in The Best Lawyers in America 2016-2018 for Intellectual Property Litigation. In 2016, the Daily Journal selected Devin as one of California’s “Top 40 Under 40” lawyers. Mr. McRae is AV Preeminent Peer Review Rated by Martindale-Hubbell. Aaron Moss (Speaker) is the chair of litigation department of Fields Claman & Machtinger LLP, and is also a member of its intellectual property department. He specializes in representing owners and users of creative content, and he has been recognized by virtually every major legal and entertainment business publication as one of the preeminent intellectual property litigators in his field. Mr. Moss has been named to The Hollywood Reporter’s “Top 100 Power Lawyers” list, Variety’s “Legal Impact Report,” the Daily Journal’s “Top IP Litigators in California,” and was named among the city’s top IP attorneys in the Los Angeles Business Journal’s list of “40 Angelenos to Know in Intellectual Property Law.”Mr. Moss litigates high-profile copyright and trademark actions for both plaintiffs and defendants, including studios, independent distributors, production companies, video game publishers, toy companies, apparel manufacturers, technology firms and individuals. He has particularly extensive experience handling matters involving the ownership, licensing and termination of rights in fictional characters, including such globally-recognized properties as Godzilla, Spider- Man, Lassie, Frosty the Snowman, and Casper the Friendly Ghost. Mr. Moss also provides advice and counsel in connection with intellectual property acquisitions and transfers, conducts complex chain of title analyses, and engages in pre- publication clearance reviews for authors, publishers, filmmakers, and video game companies – often enabling them to avoid costly lawsuits. In addition to his copyright and trademark practices, Mr. Moss has litigated high-stakes profit participation cases, prosecuted and defended idea submission claims, and has represented award-winning actors and performers in right of publicity actions involving the unauthorized use of their names, voices and likenesses. He also handles defamation, invasion of privacy and other media-related disputes, as well as cybersquatting, false advertising, unfair competition and breach of contract actions across a wide range of industries.