10/28: CONCURRENT SESSION: Copyright/Right of Publicity
October 28, 2020 12:30 PM to 2:00 PM
90 CLE Minutes
Copyright/Right of Publicity
Copyright Trolls or Just Opportunistic Litigants? The impact of mass-copyright enforcement campaigns like the Strike 3 porn and photo-on-a-website "gotcha" cases are having on copyright law and procedure. -- Evan Gourvitz, Ropes & Gray, New York, NY
The Right of Publicity in the Modern Era: What you need to know about the right of publicity, including key differences in important states, the prospect for a federal solution, the interplay with copyright and other forms of IP--and the headaches it creates for product manufacturers and mass-marketers. -- Michael Moore, Director of Intellectual Property & Assistant General Counsel, Mattel, Inc., El Segundo, CA
Fitting a Square Peg in a Round Hole? A look at whether traditional First Amendment, IP, and privacy doctrines involving creative works, expressive works and the transformative use test can or should be applied to the right of publicity. -- Jennifer Rothman, Professor, Loyola Law School, Los Angeles, CA
NCAA Likenesses, Deceased Celebrities and Digital Avatars: Areas of controversy and hot topics for industries at risk fire from right of publicity claims. -- Brian Wassom, Warner Norcross & Judd, LLP, Clinton Township, MI
Rothman, Jennifer E.
Loyola Law School | William G. Coskran Professor of LawProfessor Jennifer Rothman is nationally recognized for her scholarship in the intellectual property and constitutional law fields, and is the leading expert on the right of publicity. Her book, The Right of Publicity: Privacy Reimagined for a Public World, was published in 2018 by Harvard University Press.
Michael Moore is assistant general counsel, senior director, trademarks and copyrights for Mattel Inc, where he is responsible for managing all trademark and copyright matters for Mattel around the world, from clearance and registration, through to disputes and litigation. Since joining Mattel in 2000, Mr Moore has represented Mattel in a number of high-profile and important IP cases, including managing the first EU design rights case ever litigated (Mattel v Simba (UK)), and a UK case involving the SCRABBLE brand against Zynga.
Ropes & Gray | CounselEvan Gourvitz has successfully litigated intellectual property disputes and counseled clients on intellectual property protection, as both outside and in-house counsel, for more than 20 years.