Derivative Works and Copyright: Scope, Termination, Infringement, Considerations for Drafting Permissions

Recording of a 90-minute premium CLE webinar with Q&A


Conducted on Tuesday, June 18, 2019

Recorded event now available

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Program Materials

This CLE webinar will guide IP counsel on derivative works and the scope of the derivative right. The panel will also discuss when it is copyright infringement to make/sell derivative works and lessons from recent court decisions. The panel will offer insights on what this means for artists and their counsel when seeking copyright protection.

Description

Derivative works come in many forms--from the Mona Lisa with a Moustache to films based on novels like the Godfather and Harry Potter series to music that samples and uses lyrics from other songs to a new version of a computer program. Derivative works and the related IP rights are a complex area of the law.

Under the Copyright Act, "a derivative work prepared under authority of the grant [to prepare a derivative work] before its termination may continue to be utilized under the terms of the grant after its termination." 17 U.S.C. 203(b). Terminating the grant impacts the right to create future derivative works based on that copyrighted work. However, termination does not preclude continued use of any lawfully created derivative works. The practical consequences of the Copyright Act for derivative works need to be understood.

Listen as our authoritative panel of IP attorneys discusses when a work is derivative and the scope of the derivative right. The panel will also examine when it is copyright infringement to make/sell derivative works and discuss lessons from recent court treatment. The panel will offer insight on what this means for artists and their counsel when seeking copyright protection.

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Outline

  1. When a work is derivative
    1. Musical
    2. Literary
    3. Visual
    4. Others
  2. Scope of the derivative right
  3. Copyright infringement and derivative works
  4. Lessons from recent court treatment
  5. Practical considerations for drafting permissions to allow creation of a derivative work

Benefits

The panel will review these and other key issues:

  • What is a derivative work and does the examination vary depending on the type of work--musical, software, literary?
  • How have the courts treated derivative works?
  • What are the practical considerations for drafting permissions to allow the creation of a derivative work?

Faculty

Friedberg, Randy
Randy M. Friedberg

Partner
White and Williams

Mr. Friedberg has over 30 years of experience in counseling clients, with particular focus on the protection, licensing...  |  Read More

Sholder, Scott
Scott J. Sholder

Partner
Cowan DeBaets Abrahams & Sheppard

Mr. Sholder’s practice focuses on litigation, counseling, and dispute resolution in entertainment, media and...  |  Read More

Steger, Michael
Michael D. Steger

Founder
Law Offices of Michael D. Steger

Mr. Steger’s boutique practice focuses on IP, entertainment and media law. Since 1993, Mr. Steger has sought to...  |  Read More

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