Copyright Law - Annual Conference 2017
This conference, chaired by Lorna Brazell, covers a wide range of topical issues, from recent case-law on the calculation of damages through to the complexities and novelties of the relationship between copyright and artificial intelligence.
It is the ideal opportunity to keep up to date with the latest developments in law and practice and is delivered by a panel of specialist IP experts.
This conference will cover the following:
9.30am - 10.15am: Damages and Accounts of Profits for Copyright Infringement
Chair: Lorna Brazell, Osborne Clarke
The IPEC has been a substantial success in making claims for infringement of copyright feasible even where the values in dispute are relatively low. As a result, a number of judgments have been delivered on the calculation of damages, an area previously under-developed since the split-trial approach tended to result in settlement before quantum was determined. At the same time, the interplay between the IP Enforcement Directive's provisions on remedies and the potential for aggravated damages under the Copyright, Designs and Patents Act has raised new questions. This session will cover:
- Relief for infringement of foreign copyrights
- How to approach individual infringers
- Damages for moral rights
- Accounting for copyright profits
- Impact of the IP Enforcement Directive
10.15am - 11.00am: Contract Clauses 1: Copyright Agreements and Ownership of Copyright
Susan Singleton, Singletons Solicitors
This session will cover the clauses to include in copyright licences, software agreements, consultancy contracts and collaboration/R&D agreements.
- How to ensure ownership of copyright and full user rights
- Reminder of the legislative provisions on ownership of copyright
- Issues arising from joint ownership
- Recent cases
11.15am - 12.00pm: Contract Clauses 2: Copyright Agreements and Competition Law
Susan Singleton, Singletons Solicitors
This session will consider the issues arising from Brexit including territorial protection, competition law and beyond.
- How to ensure agreements comply with EU and UK competition law
- Impact of the Technology Transfer Block Exemption Regulation on software copyright licences
- Draft exclusive territorial restrictions to ensure compliance with competition law. Exhaustion of rights issues for licensing of software
- Proposed EU Geoblocking regulation 2017 and impact of the Vertical Block Exemption and Vertical Guidelines 2010 including on internet selling of copyright protected items and downloads
- Drafting contracts to ensure compliance with competition law which will continue after 2019 Brexit
- When will restrictions in contracts on assignment of software licences breach competition law?
12.00pm - 12.45pm: Communication to the Public
Iona Silverman, Baker McKenzie
In recent years there have been more than a dozen communication to the public cases before the CJEU, and the issues are now highly fact dependent and complex.
This session will cover:
- 5 use cases, one restricted act
- Analysis of recent CJEU decisions including GS Media, Reha Training, Filmspeler and AKM
- Different technical means and new public requirements
- Linking and questions of knowledge and financial gain
12.45pm - 1.00pm: Questions on Morning Session
2.00pm - 2.50pm: A Systematic and Economic Approach to Copyright Compliance
Naomi Korn, Naomi Korn Copyright Consultancy Ltd
Any organisation that creates, acquires, commissions, uses, shares or publishes print and/or digital content will require copyright literacy as well as basic skills in contract negotiation. As criminal and civil penalties for non-compliance are becoming more onerous, and resources to clear rights are becoming more stretched, this presents organisations who are increasingly interacting with content, with challenges in ensuring that their staff know what to do, when, how and with what.
This session will cover:
- Copyright compliance framework
- Why copyright is a business-critical issue
- Case studies examining what has gone right and what has gone wrong
- Looking ahead at challenges and opportunities
2.50pm - 3.40pm: Proposed Changes to EU Copyright Law
Richard Hodgson, Design Chambers
In September 2016, the EC set out its ambitious and to some contentious legislative plans to modernise the European copyright framework. At first glance the proposed regulations and directives appear to relate mainly to copyright in the digital single market and the cross-border portability of online content, but in fact, go substantially beyond the online world.
Even if Brexit takes place before the draft regulations and directives come into effect, they are still likely to affect the practice of many UK copyright lawyers.
This session will provide an overview of the proposals presently before the European Parliament, referring especially to some of the more novel proposals:
- Cross-Border availability of on-line content - could this really be the end of geo-blocking services within the EU?
- Modernisation of copyright clearance including clearance for VoD platforms
- 'Out of Commerce' works - the collective licensing of works still in copyright but no longer commercially available
- Proposals to assist the exploitation of EU generated content
- Adaptation of exceptions and limitations to copyrights
- The proposed new copyright related right for the organisational and economic contribution of press publishers
- Important provisions aimed at commercial content distributors such as YouTube and Dailymotion to take measures to protect and provide a level playing field to right holders whose works are uploaded to such services
- The contentious issue of statutory rebalancing of contracts between authors and publishers and/or producers. Could this really amount to a mechanism offering enforced renegotiation, possibly many years after a contract came into effect?
3.55pm - 4.45pm: Copyright and Artificial Intelligence
Julia Dickenson, Baker McKenzie
Workshop Session: Putting it All into Practice.
This session will include:
- AI as creator of 'copyright works'
- Whether they are protected and who owns them
- How to deal with machine learning in contracts
- Who has the right to learnings developed from customer data
4.45pm - Close: Questions & Answers
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