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
CeCe Cole
Attorney
Cowan, DeBaets, Abrahams & Sheppard
Ms. Cole has represented clients in copyright, trademark, and commercial litigation matters in both federal and state... | Read More
Ms. Cole has represented clients in copyright, trademark, and commercial litigation matters in both federal and state courts and regularly counsels clients on copyright and trademark matters, including copyright enforcement and trademark review and clearance.
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Benjamin Halperin
Partner
Cowan, DeBaets, Abrahams & Sheppard
Mr. Halperin is an experienced litigator focusing on copyright, trademark, media, and entertainment litigation. He... | Read More
Mr. Halperin is an experienced litigator focusing on copyright, trademark, media, and entertainment litigation. He defends many types of companies and individuals—including online retailers, photography companies, media and news organizations, authors, and publishers—in copyright and trademark lawsuits in federal court. Mr. Halperin additionally represents artists, authors, musicians, and publishers as plaintiffs in copyright, trademark, and media-related business disputes. He is particularly skilled at analyzing complicated legal and factual situations and developing creative strategies to resolve litigation favorably and efficiently. Mr. Halperin has helped his clients defeat 8-figure-and-higher lawsuits on both procedural and substantive grounds. He also has significant experience working with and against expert witnesses, able to quickly identify the key shortcomings of highly technical expert methodologies often relied on in complex cases.
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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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