The 10th Annual Entertainment and Media Law Conference

2:30 - 3:50 p.m.

We are in the midst of an explosion of new devices and applications designed to give consumers more control over and options for viewing their favorite television content, ranging from "remote-storage DVRs" to iPad applications, from Internet-based live streaming services to ad-skipping technology. Copyright owners claim that such devices and services profit by making unauthorized copies of, and otherwise infringing upon, their protected content; the device manufacturers and service providers argue that what they offer is perfectly legal. Who is right, and why? The panel will discuss:

• The technology underlying these new devices and applications, including whether unauthorized copies of television content are made in the process of using the technology, and by whom.
• The copyright issues implicated by the new technologies, including whether the device and application providers are directly or secondarily infringing upon the rights of copyright owners, whether the consumer is merely engaged in permissible time- or device-shifting, and whether the fair use doctrine has kept pace with developing technology and developing markets.
• The broader implications of the emerging technologies and consumer demands for "tv everywhere" on the creation and exploitation of entertainment content.
  
  Additional materials for this panel can be found here.
  

The production and distribution of television and film content by United States media companies raises increasingly complex issues when those activities take place on the global stage. The panel will discuss:

• What laws should you be aware of and what processes do you need to put in place to ensure that your company is in compliance with U.S. and other anticorruption laws when you are producing content abroad, and, in particular, in emerging market countries?
• What types of international broadcast regulation affect your ability to license internationally content that passes regulatory muster in the U.S.?
• What regional cultural considerations come into play when seeking to distribute content abroad?
• What questions should you ask about personal rights, rights clearances, and other production and marketing-related concerns when you anticipate producing and distributing outside the U.S.?
  

5:40 - 7:00 p.m.

Right-of-publicity claims have become increasingly common. As federal circuit courts on both coasts grapple with the balance between individual publicity rights and First Amendment protections, and the many different tests that have been applied by different courts, assessing the risks of misappropriation claims has become much more complex. The panel will discuss:

• Where is the line drawn between constitutionally-protected expression, and commercial use of an individual’s persona?
• How can lawyers advise on the risks of misappropriation claims where the laws differ among states and across borders?
• As companies look for new ways to monetize expressive works, what risks need to be considered with respect to misappropriation claims?
• How does the law of commercial speech interplay with law concerning right-of-publicity claims?