ECPA

Rights Management: Track 4

Track Manager:
Brian Flagler, Principal Member, Flagler Law Group LLC

Sessions:

A	Is that my Blog on your iPod?: An Update on Copyright Law in the Digital Age Matthew A. Wilson, Of Counsel, White & Lee LLP, Portland, Oregon As we are moving into a world of all things digital, the law in the area of copyright is being tested like never before. With the convergence of technology and how content is delivered and consumed, how should content providers protect their intellectual property? Should publishers embrace new methods of digital distribution or take steps to keep their works away from the risks of the digital medium? This seminar will provide an overview of recent changes in copyright law and the state of the union in this new era. Topics discussed include: Recent changes in the law of copyright in the U. S.; Recent developments regarding IP protection in China; How content providers (including publishers) are responding to the opportunities/risks inherent in new technology; Key cases that have applied copyright principles to new technologies
B	Avoiding Lawsuits: Pre-Publication Review in the Digital Era Thomas R. Burke, Partner, Davis Wright Tremaine LLP, San Francisco, California As evidenced by recent high-profile suits against publishers, libel and copyright litigation may represent the most significant liability that publishers face. The damages awards in these cases can be staggering and they are expensive to defend, often reaching well over $1,000,000 in legal defense costs. And these costs are in addition to the distraction imposed on company executives to defend the suit. Fortunately, by integrating certain safeguards into the process of reviewing manuscripts and book covers, publishers can greatly reduce the risk they will encounter such a lawsuit. Use this presentation to arm the rights manager, contracts administrator, editor, or publisher—the person in your house responsible for insuring that your products do not create such a legal claim-- with the knowledge to identify when a chapter from a manuscript needs a libel review and when use of a digital image or trademark in a book interior or on the cover requires a license. Topics discussed include: How to spot issues in manuscripts—the elements of a libel claim; How to revise the manuscript to avoid exposure; False light and invasion of privacy; When is permission needed to use a quotation? When is it not required?; Issues arising from the use of photographs in book interiors; When does use of a trademark in the text cross the line?
C	The Subsidiary Rights License: A Practical Guide Marilyn J. Gordon, Subsidiary Rights Manager, Baker Book House Company, Grand Rapids, Michigan Do you acquire authors or rights for your publishing house? Do you license subsidiary rights such as audio, electronic, foreign translation, paperback, book club, or dramatic rights to other parties? This seminar will serve as a practical guide to understand, acquire, and license subsidiary rights and to draft and negotiate subsidiary rights agreements. The presentation will walk you through the types of subsidiary rights, each element of a typical subsidiary rights agreement, and negotiation strategies to apply when acquiring or licensing these rights. Topics discussed include: Acquiring subsidiary rights; Issues to consider in determining which rights to license; Exclusivity; Electronic formats, and red flags in electronic licenses; Negotiating royalties and advances
D	*Managing Rights in a Diverse Media Environment: The North Point Experience* Suzy Gray, Product Management Director, North Point Ministries, Inc., Alpharetta, Georgia This first generation of the twenty first century is far different than any before. It has made more personal lifestyle changes than any other – due almost entirely to the astronomical advances in technology. And it has options. We’re asking adults to give up the time they could be spending in front of their 50” plasma screens, and we’re asking their kids to lay down their video games, iPods, and RAZR cell phones to connect with us. With so many new ways to engage our audiences, managing the rights associated with what we want to say in the way we want to say it can be a daunting task. This session will explore one ministry’s experience in managing the rights process in this diverse media environment. Discussion will include: Obtaining rights in a sea of creativity; Use of parody to communicate to your audience and the determination of fair use; Digital downloads – obtaining rights when the ball keeps moving; Balancing act – protecting intellectual property rights while being open-handed