Derivative Works and Copyright: Scope, Termination, Infringement, Considerations for Drafting Permissions
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will provide guidance to IP counsel on derivative works, the scope of the derivative right, termination of granted rights, and lessons from recent court decisions. The panel will also discuss copyright infringement when making/selling derivative works and the intersection with fair use. The panel will offer insights on the impact for artists and their counsel when seeking copyright protection.
Outline
- When a work is derivative
- Musical
- Literary
- Visual
- Others
- Scope of the derivative right
- Copyright infringement and derivative works
- Lessons from recent court treatment
- Practical considerations for drafting permissions to allow the creation of a derivative work
Benefits
The panel will review these and other key issues:
- Does the examination of a derivative work vary depending on the type of work--musical, software, literary?
- How have courts treated derivative works?
- What are the practical considerations for drafting permissions to allow the creation of a derivative work?
Faculty
Tal Dickstein
Partner
Loeb & Loeb
Mr. Dickstein maintains a broad-based litigation practice with a concentration on intellectual property matters in the... | Read More
Mr. Dickstein maintains a broad-based litigation practice with a concentration on intellectual property matters in the music, motion picture and advanced media industries. He has represented music publishers and record labels in copyright infringement and royalty disputes, defended major media companies in trademark infringement actions, and advised motion picture studios and film producers on copyright issues.
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Daniel C. Neustadt
Partner
Holland & Knight
Mr. Neustadt secures, protects and enforces clients' intellectual property rights in the U.S. and abroad. His... | Read More
Mr. Neustadt secures, protects and enforces clients' intellectual property rights in the U.S. and abroad. His practice focuses on trademark and copyright matters and encompasses federal copyright and trademark infringement litigation, administrative proceedings before the Trademark Trial and Appeal Board, Uniform Domain-Name Dispute-Resolution Policy arbitrations, global trademark clearance, prosecution and enforcement, copyright counseling, and maintenance and management of intellectual property portfolios. Mr. Neustadt formerly worked as an editor for various media publications and managed his own entertainment law practice, providing him with experience in legal issues related to the media and entertainment industries.
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Scott J. Sholder
Partner, Co-Chair Litigation Group
Cowan DeBaets Abrahams & Sheppard
Mr. Sholder focuses his practice on litigation, counseling, and dispute resolution in connection with entertainment,... | Read More
Mr. Sholder focuses his practice on litigation, counseling, and dispute resolution in connection with entertainment, media, art, and IP matters. He represents and advises clients across various industries in copyright, trademark, trade secrets, right-of-publicity, unfair competition, domain name, and commercial and business disputes, as well as defamation defense. Mr. Sholder has appeared in federal and state courts around the country as well as administrative and arbitral tribunals and has handled cases from pre-suit negotiations through trial, post-trial procedures, and appeals. He is a frequent writer and speaker on issues related to copyright and trademark in the entertainment and digital media space, with a recent focus on generative AI.
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