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Copyright Law

Address by Carly Fiorina - Event Video

2014 National Lawyers Convention
Carly Fiorina, Dean A. Reuter November 17, 2014

Carly Fiorina delivered this address at the 2014 National Lawyers Convention on Friday, November 14, 2014. She was introduced by Mr. Dean A. Reuter, Vice President & Director of Practice Groups at The Federalist Society.

Featuring:

  • Mrs. Carly Fiorina, Fiorina Group
  • Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society

Mayflower Hotel
Washington, DC

Copyright Revision - Event Video

2014 National Lawyers Convention
Danielle M. Aguirre, Usman Ahmed, David S. Olson, Katherine A. Oyama, Mark F. Schultz, Douglas H. Ginsburg November 14, 2014

The U.S. Supreme Court has in the past several years begun to take several intellectual property cases each term, often including important copyright cases, like last term’s American Broadcasting Companies, Inc. v. Aereo, Inc.  At the same time, the legislature has already substantially revised patent rights, seems to be ready to revisit patent rights yet again, and is poised to consider revisions to copyright.  On the table seem to be issues of the length of copyright term, fair use, and more.  Our panel of experts will discuss the past present and future of IP and copyright.

The Federalist Society's Intellectual Property Practice Group presented this panel on "Copyright Revision" on Thursday, November 13, during the 2014 National Lawyers Convention.

Featuring:

  • Ms. Danielle Aguirre, Senior Vice President, Business & Legal Affairs, National Music Publishers’ Association
  • Mr. Usman Ahmed, Policy Counsel, eBay Inc.
  • Prof. David S. Olson, Associate Professor of Law, Boston College Law School
  • Ms. Katherine A. Oyama, Senior Copyright Policy Counsel, Google, Inc.
  • Prof. Mark F. Schultz, Senior Scholar and Director of Academic Programs, Center for the Protection of Intellectual Property, George Mason University School of Law; Law Professor, Southern Illinois University
  • Moderator: Hon. Douglas H. Ginsburg, U.S. Court of Appeals, D.C. Circuit; Professor of Law, George Mason University

Mayflower Hotel
Washington, DC

Copyright Originalism - Podcast

Intellectual Property Practice Group Podcast
Tom W. Bell, Christopher Newman September 16, 2014

Professor Tom W. Bell, Chapman University, Fowler School of Law, participated in a Teleforum conference call on the topic, "Copyright Originalism." Professor Bell's new book, Intellectual Privilege: Copyright, Common Law, and the Common Good, argues that copyright in the United States has mutated into something the Founders would have hardly recognized, much less approved of. He so admires their version of copyright that he convinced the Mercatus Center to publish Intellectual Privilege under what he calls the "Founders' Copyright," allowing the public to enjoy his book under terms that replicate the effect of the original Copyright Act, passed in 1790. Christopher Newman, Associate Professor of Law, George Mason University School of Law, joined to offer his comments and questions.

  • Prof. Tom W. Bell, Professor of Law, Chapman University School of Law
  • Prof. Christopher Newman, Associate Professor of Law, George Mason University School of Law

American Broadcasting Companies, Inc. v. Aereo, Inc. - Post-Decision SCOTUScast

SCOTUScast 7-29-14 featuring Mark Schultz
Mark F. Schultz July 29, 2014

On June 25, 2014, the Supreme Court issued its opinion in American Broadcasting Companies, Inc. v. Aereo. This case involves the question of whether, under sections 101 and 106 of the Copyright Act, a company “publicly performs” a copyrighted television program--a privilege normally reserved to the copyright holder--when it retransmits a broadcast of that program to thousands of paid subscribers over the Internet.

In an opinion delivered by Justice Breyer, the Court held by a vote of 6-3 that Aereo is not simply an “equipment supplier” and that it performs petitioners’ works publicly within the meaning of the Transmit Clause. Chief Justice Roberts as well as Justices Kennedy, Ginsburg, Sotomayor, and Kagan joined the opinion of the Court. Justice Scalia authored a dissenting opinion which Justices Thomas and Alito joined. The decision of the Second Circuit was reversed.

To discuss the case, we have Mark Schultz, who is an Associate Professor of Law at the Southern Illinois University School of Law.

Aereo Shot Down as Copyright Violator: ABC v. Aereo - Podcast

Intellectual Property Practice Group Podcast
Mark F. Schultz July 14, 2014

In a June 25, 2014, decision, the U.S. Supreme Court ruled in ABC v. Aereo that Aereo publicly performs copyrighted works, in violation of the Copyright Act’s Transmit Clause, when its technology allows its paid subscribers to watch television programs over the Internet in near real-time as the programs are broadcast over the air. Has the decision increased certainty and predictability in the world of copyright, or did the Court’s reasoning inject more uncertainty? Are there implications in the decision for what is anticipated to be a legislative effort to change existing copyright law?

  • Prof. Mark Schultz, Associate Professor and Director of Faculty Development, Southern Illinois University and Senior Scholar and Co-Director of Academic Programs, Center for the protection of Intellectual property, George Mason University School of Law