IS UNAUTHORIZED COPYING AN INFRINGEMENT OR FAIR USE?
ARE THE RULES DIFFERENT FOR CONTENT AND TECH?
Blockbuster Supreme Court Decisions affecting Business, Licensing and Litigation in Art, Social Media, Publishing, Merchandising, Software and AI.
Program:
In the past few months, the U.S. Supreme Court has released blockbuster decisions about the (unauthorized) use of photographs (Prince / Andy Warhol) and product designs (Jack Daniels), by unlicensed entities. These follow an earlier major decision (Google / Oracle), relating to computer software, from 2 years ago. In every case, the issue was about the availability and scope of the “fair use defense” against copyright or trademark infringement. The latest (content) cases had similar outcomes, but radically diverge from the earlier (tech) case.
An expert panel will discuss:
What happened in these cases?
How are they similar and/or different?
Are they reconcilable with each other?
What impacts will there be in licensing and/or litigating IP disputes?
How will these developments change the businesses of art, social media, publishing, merchandising (on the one hand) and software and AI (on the other hand), either per se, and/or in a converging world?
1.5 hours CLE credit available (California). This is a joint program of the Asian Pacific American Bar Association of Silicon Valley, and the Licensing Executives Society of Silicon Valley.
