Digital Copyright: Shaping New Law into Solution-Focused Answers for Clients

Wed 21 June 2017

The Caledonian Club 9 Halkin St London SW1X 7DR

Answers to 7 Thorny Questions: Directly from 2 QCs, 6 more Preeminent Lawyers and 1 Industry Expert

5hrs CPD

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  1. Registration and coffee

  2. Chairman's Introduction

    Digital Copyright: Shaping new law into solution-focused answers for clients

    Chaired by: John Enser of CMS

    John acted for Viacom on the outsourcing of the Channel 5 advertising sales and sponsorship function to Sky Media. He is co-editor of "Yearbooks of Copyright and Media Law". He is a "big hitter in the media space".

  3. ​Scraping

    To what extent can website terms and conditions bind a visitor or scraper so as to protect the content from scraping?

    Answered by: Simon Baggs of Wiggin

    Simon is "one of the most exciting litigators in the UK with regard to the protection of IP rights online". He brings a huge number of the most closely watched cases to the table. He sits on the SCL's media committee.

  4. ​Blocking

    Drawing on the "Kodi" boxes and Cartier cases, how do you approach the complications caused for blocking orders, with particular reference to the blocking of servers?

    Answered by: Jaani Riordan of 8 New Square

    Jaani acted for four of the defendants in the recent "Kodi" boxes litigation. He is "ferociously clever" and an unmistakable "star" of the future. He is author of "The Liability of Internet Intermediaries".

  5. Morning coffee

  6. ​Damages

    What do the cases say about the quantification of copyright infringement damages, particularly at the lower level (e.g. infringement of a single picture)?

    Answered by: Paul Joseph of RPC

    Paul "combines technical excellence with an astute understanding of client needs." He has acted on numerous copyright damages matters and is on the editorial board of the "Journal of IP Law and Practice".

  7. ​Linking

    With reference to linking, how are national cases beginning to show how the GS Media case (aka the Playboy case) might be implemented, i.e. the meaning of “profit-making intention”?

    Answered by: Simon Malynicz QC of 3 New Square

    Simon is "without doubt one of the most accomplished barristers for copy-right disputes". He acted for 1970s SKA band, The Specials, in a dispute relating to the rights to the band's name. He is joint author of “IP In Europe”.

  8. Over-run

  9. Lunch

  10. ​Fair dealing

    With the benefit of Arnold J’s judgment in the Tixdaq case, how is fair dealing being applied to new defences such as caricature, parody or pastiche?

    Answered by: Richard Spearman QC of 39 Essex Street

    Richard won a major claim for the Hollywood film studios for infringement of copyright and unlawful means conspiracy. He sits as a Deputy High Court Judge and is the inaugural Legal 500 IP, IT and Media Silk of the Year.

  11. ​Digital Single Market

    From the perspective of rights holders, what can be done about intermediaries (such as Google, YouTube, Facebook, EBay) relying on the E-Commerce Directive “safe harbours”; instead of taking a more pro-active role in combatting piracy and counterfeiting?

    Answered by: Mark Owen of Taylor Wessing

    Mark is a "star" for copyright (with a specialism in digital media content and brand protection). He is a member of the California Bar and so suited to advising US tech and media companies on European IP.

  12. ​Blockchain

    To what extent does Blockchain only give an illusion of copyright protection; i.e. not catching protected images when used in a YouTube video or shared via social networks (which are encrypted)?

    Answered by: Ian Penman of New Media Law and Thor Pettersen of Internet Music

    Ian is a world expert on BlockChain and its impact on the creative industries. He is a non-executive director of Synchtank, the professional music management system, and Visiting Lecturer at Westminster University.

    Thor was the first to (legally) put music on the mobile phone and the first to integrate mobile music in a social network (Microsoft IM) with partners Sony Music and Microsoft MSN.

  13. Over-run

  14. Close of conference

** All speaker quotes are taken from Chambers Directory, Who's Who Legal and Legal 500

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