MLRC Annual Conference - March 3rd & March 4th, 2021
For 18 years, the Media Law Resource Center and Southwestern Law School have hosted an annual forum at which renowned experts discuss the most timely, important, and controversial topics in entertainment and media law.
The conference will be held online this year.
March 3rd & 4th, 2021
11:00 A.M. - 2:00 P.M. PT
4 MCLE Credits offered
Register here
Panel Topics
- Video-on-Demand Around the World: In the Wake of COVID-19 and Beyond
Distribution channels were already undergoing seismic shifts before the global pandemic accelerated fundamental changes. This session will look at the latest trends of windows and holdbacks, global distribution strategies and opportunities (from the perspective of both global US-based platforms and regional services overseas), and shifts in bargaining power between streamers and device manufacturers. We will also discuss best practices and promising experiments in VOD monetization as well as the future of in-person experiences such as film festivals and movie theaters.
Moderators: Orly Ravid, Professor, Southwestern Law School & Of Counsel, MSK and Lisa Schwartz, VP - Global Distribution and Music Counsel at A+E
- Wendy Bernfeld, Founder & Managing Director, Rights Stuff
- Carolyn Forrest, Senior VP & General Counsel, Tubi
- Barbara Meili, Vice-Chair, Global Entertainment and Media Practice, Greenberg Traurig, LLP
- Erick Opeka, President, Cinedigm Networks
- How Close is Too Close? The Fight Over Substantial Similarity in Entertainment Works
In a number of recent high-profile copyright infringement cases, courts have grappled with the question of substantial similarity of protectable expression, and the role of experts in such cases. These issues have a substantial impact on the free speech rights of filmmakers if mere similarities in unprotectable ideas are sufficient for a plaintiff to survive a motion to dismiss. With growing caution about ending these cases at the pleading stage, how can counsel ensure that claims survive until discovery – or succeed in having meritless cases dismissed early? Join us for a mock oral argument between leading practitioners that uses a hypothetical lawsuit based on recent cases.
- Judge: Gail Title, Esq., Mediator, ADR Services, Inc.
- Plaintiff's Counsel: John Tehranian, Paul W. Wildman Chair/Professor of Law, Southwestern Law School, and Founding Partner, One LLP
- Defendant's Counsel: Robert H. Rotstein, Partner, Mitchell Silberberg & Knupp LLP
- Court Expert: Mark Rose, Distinguished Research Professor Emeritus of English, University of California, Santa Barbara, and Author, Authors in Court: Scenes from the Theater of Copyright
- Do Black Lives Matter in Hollywood?
Recent acts of appalling racial injustice have led to predictable gestures of support for the Black community by Hollywood studios, networks, and other entertainment companies. But do token gestures merely preserve the status quo? UCLA’s Hollywood Diversity Report for 2020 shows that top jobs in the film and TV industries are overwhelmingly dominated by white males. This lack of diversity is disheartening – especially because the entertainment industry is the ultimate global image-maker and social influencer. This panel will examine why parity is important and attainable and what must be done to achieve fair representation in Hollywood that provides platforms for diverse voices mirroring the breadth of our society.
Moderator: Darrell Miller, Partner, Fox Rothschild
- Derrick Johnson, President, and CEO of the NAACP
- Tina Perry, President, OWN - Oprah Winfrey Network
- Nina L. Shaw, Founding Partner, Del Shaw Moonves Tanaka Finkelstein & Lezcano
- Media Law in the Biden Administration
We have a new President and a new Congress, with Democrats taking control of both branches. What does this portend for media companies? Our panel of experts will look at issues such as copyright and Section 230 reform; the relationship between the White House and the press regarding the law, the perception of the media, and incitement to violence; and agency regulation of issues such as FCC oversight of media ownership and more.
Moderator: Jeff Hermes, Deputy Director, MLRC
- Cheryl Davis, General Counsel, The Authors Guild
- George Freeman, Executive Director, MLRC
- Jeff Kosseff, Assistant Professor of Cybersecurity Law, United States Naval Academy
- Robert McDowell, Partner, Cooley LLP, and Former Commissioner, Federal Communications Commission
Who Should Attend?
Since 2003, The Entertainment and Media Law Conference has served as a cutting edge career resource and networking event for entertainment, media and intellectual property attorneys, executives, agents, paralegals, contract administrators, and law school students in the service of motion picture and television studios, media outlets, talent agencies, advertising agencies, and PR firms.
- Planning Committee
The Media Law Resource Center (MLRC) is a non-profit membership association for content providers in all media, and for their defense lawyers, providing a wide range of resources on media and content law and policy issues. These include news and analysis of legal, legislative and regulatory developments; litigation resources and practice guides; and national and international media law conferences and meetings. MLRC also works with its membership to respond to legislative and policy proposals and speaks to the press and public on media law and First Amendment issues. MLRC was founded in 1980 by leading American publishers and broadcasters to assist in defending and protecting free press rights under the First Amendment. Today MLRC is supported by over one hundred and forty members, including leading publishers, broadcasters, and cable programmers, internet operations, media, and professional trade associations, and media insurance professionals in America and around the world. The MLRC’s Defense Counsel Section includes more than 215 law firms worldwide that specialize in media defense representation.
Through the Donald E. Biederman Entertainment & Media Law Institute (BEMLI), Southwestern Law School offers the most comprehensive entertainment and media law curriculum in the United States. Ranked 6th on Hollywood Reporter’s “America’s Top Ten Entertainment Law Schools,” Southwestern’s extensive course offerings, international programs, externships, practicums, and other co-curricular activities prepare graduates for the practice of entertainment law across both traditional and digital media such as film, television, music, theater, advertising, sports, and journalism. Southwestern has an outstanding entertainment and media law faculty, and its graduates occupy important positions across a broad range of entertainment and media industry organizations.
Planning Committee
- David Aronoff, Fox Rothschild LLP
- George Freeman, Media Law Resource Center
- Jeffrey Hermes, Media Law Resource Center
- Tamara Moore, Southwestern Law School
- Orly Ravid, Southwestern Law School
- Lisa Schwartz, VP, Global Distribution and Music Counsel at A+E
- Andrew “AJ” Thomas, Jenner & Block LLP
- Joel R. Weiner, Katten Muchin Rosenman LLP
DAY ONE - MARCH 3RD |
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10:50 a.m. - 11:00 a.m. |
Welcome & Opening Remarks
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11:00 a.m. - 12:00 p.m. |
Panel 1 Video-on-Demand Around the World: In the Wake of COVID-19 & Beyond |
12:00 p.m. - 1:00 p.m. |
Break |
1:00 p.m. - 2:00 p.m. |
Panel 2 How Close is Too Close? The Fight Over Substantial Similarity in Entertainment Works |
DAY TWO - MARCH 4TH |
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11:00 a.m. - 12:00 p.m. |
Panel 3 Do Black Lives Matter in Hollywood? |
12:00 p.m. - 1:00 p.m. |
Break |
1:00 p.m. - 2:00 p.m. |
Panel 4 Media Law in the Biden Administration |
Panel One: Video-on-Demand Around the World: In the Wake of COVID-19 and Beyond
- Beyond the Big Five: The 'Mainstreamers'
- Beyond the Big Five: Sanctuaries for Documentaries
- Beyond the Big Five: Good Homes for Indie and Arthouse Content
- Beyond the Big Five: Niche-Focused OTT Services
- Home Entertainment Trends 2021: Premium VOD Is Here to Stay
- Why Global Theatrical Windows May Emerge Stronger After COVID-19
- 8 OTT Trends to Watch For Over-The-Top Streaming in 2021
- Key Trends in Streaming for 2021
- DEG Forms New Committees, Defines Terms for Direct-to-Consumer Market
- Disney CEO Bob Chapek Hints At Shorter Theatrical Windows: For “Impatient” Customers, “I’m Not Sure There’s Going Back”
- UPDATED: A Practical Guide to Distributing Your Film Internationally: Who Else is Out There in the International Digital Space Beyond the Global “Big Guns?"
- AVOD Drives OTT Consumption Gains
- How The Pandemic Has Changed Video Content And Consumption
- More Than 75% of All Streaming Time in Q4 Was on Big Screens
- Cinedigm Buys Fandor, Plans Larger Streaming-Video Rollup
Panel Two: How Close is Too Close? The Fight Over Substantial Similarity in Entertainment Works
Cases:
- Cortés-Ramos v. Martin-Morales, 956 F.3d 36 (1st Cir. 2020)
- Montgomery v. NBC Television, No. 19-3665, 2020 U.S. App. LEXIS 35731 (2nd Cir. Nov. 12, 2020)
- Abdin v. CBS Broadcasting Inc., 971 F.3d 57 (2nd Cir. 2020)
- Tanksley v. Daniels, 902 F.3d 165 (3rd Cir. 2018)
- Astor-White v. Strong, No. 19-55735, 817 Fed. App’x 502 (9th Cir. Aug. 21, 2020) (“Astor-White II”)
- Masterson v. Walt Disney Co., No. 19-55650, 821 Fed. App’x 779 (9th Cir. Aug. 3, 2020)
- Alfred v. Walt Disney Co., No. 19-55669, 821 Fed. App’x 727 (9th Cir., Jul. 22, 2020)
- Zindel v. Fox Searchlight Pictures, Inc., No. 18-56087, 815 Fed. App’x 158 (9th Cir., Jun. 22, 2020)
- Daniels v. Walt Disney Co., 958 F.3d 767 (9th Cir. 2020)
- Astor-White v. Strong, No. 16-55565, 733 Fed. App’x 407 (9th Cir. Aug. 1, 2018) (“Astor-White I”)
- Tolbert v. Discovery, Inc., No. 18-cv-00680, 2020 U.S. Dist. LEXIS 106451 (N.D. Ala. Jun. 17, 2020)
- Briggs v. Cameron, No. 20-cv-01596, 2020 U.S. Dist. LEXIS 192450 (N.D. Cal. Oct. 16, 2020)
- Carlini v. Paramount Pictures Corp., No. 19-cv-08306 (C.D. Cal. Feb. 2, 2021)
- Irish Rover Entertainment, LLC v. Sims, No. 20-cv-06293 (C.D. Cal. Jan. 21, 2021)
- Ricketts v. CBS Corps., 439 F. Supp. 3d 1199 (C.D. Cal. 2020)
- Purohit v. Legend Pictures, LLC, 448 F. Supp. 3d 382 (D. Del. 2020)
Panel Three: Do Black Lives Matter in Hollywood?
- Darrell D. Miller and Derrick Johnson, Hollywood Must Not Settle for the Comfortable Response to Fight Systemic Racism, Variety (Jun. 17, 2020)
- Dr. Darnell Hunt and Dr. Ana-Christina Ramón, Hollywood Diversity Report 2020: A Tale of Two Hollywoods, Part 1: Film, UCLA
- Dr. Darnell Hunt and Dr. Ana-Christina Ramón, Hollywood Diversity Report 2020: A Tale of Two Hollywoods, Part 2: Television, UCLA
- Jonathan Berr, Hollywood Responds To The Senseless Death Of George Floyd, Riots, Forbes (May 31, 2020)
- Emily VanDerWerff, The lack of diversity among the 2020 Oscar nominees feels disappointingly familiar, Vox (Jan. 13, 2020)
- Ryan Faughnder and Stacy Perman, Black filmmakers and executives get honest about their experiences in Hollywood, Los Angeles Times (June 16, 2020)
Panel Four: Media Law in the Biden Administration
Journalism and the Press:
Biden’s Media Honeymoon
- Jack Shafer, The Biden Honeymoon Won’t Last, Politico (Dec. 7, 2020)
- Maureen Chowdhury, Biden fist bumps member of press while walking to White House, CNN (Jan. 20, 2021)
- David Bowder, Smooth Psaki shows new tone in first Biden press briefing, Associated Press (Jan. 20, 2021)
- Harold Holzer, What history tells us about Biden's press honeymoon, CNN (Jan. 28, 2021)
- David Smith, Biden’s press secretary Jen Psaki has embraced normalcy – is it working?, Guardian (Feb. 6, 2021)
- Brian Schwartz, Biden spokesman suspended for a week after reportedly threatening reporter, CNBC (Feb. 12, 2021)
Merrick Garland
- Reporters Committee reviews Judge Merrick Garland’s record on media law cases, Reporters Committee for Freedom of the Press (Jan. 27, 2021)
- Bob Egelko, High court nominee Garland's record of backing journalists, San Francisco Chronicle (Mar. 27, 2016)
- Ronald K.L. Collins, Judge Garland on the First Amendment: Opinions & Votes, Concurring Opinions (Mar. 19, 2016)
Leak Prosecutions
- Charles Glass, Biden’s Choice on Julian Assange and the First Amendment, The Intercept (Dec. 1, 2020)
- Ryan Cooper, End the war on whistleblowers, The Week (Feb. 11, 2021)
Federal Agencies:
- Tony Romm, Biden selects Slaughter as acting chair of Federal Trade Commission, Rosenworcel as acting chair of Federal Communications Commission, Washington Post (Jan. 21, 2021)
- Docket & Pleadings, FCC v. Prometheus Radio Project, No. 19-1231
- David Folkenfilk, Defined By Scandal At Voice of America, CEO Resigns At Biden's Request, NPR (Jan. 20, 2021)
Section 230:
- S. __, SAFE TECH Act
- H.R. 83, Protecting Constitutional Rights from Online Platform Censorship Act
- H.R. __, Civil Rights Modernization Act of 2021
- Statement of Justice Thomas respecting the denial of certiorari, Malwarebytes, Inc. v. Enigma Software Group USA, LLC, No. 19-1284 (Oct. 13, 2020)
Copyright:
- Copyright Alternative in Small-Claims Enforcement (“CASE”) Act of 2020
- Discussion Draft, Digital Copyright Act of 2021
- Brief of Amici Curiae Ten Creators’ Rights Organizations in Support of Respondent, Google LLC v. Oracle America, Inc., No. 18-956 (Feb. 19, 2020)
Thank you to all our sponsors that made this event possible!