Institute for Corporate Counsel Panel Addresses IP Challenges on the Horizon
On December 5, 2006, a panel addressed the topic of “I Will Survive: IP Challenges on the Horizon” at the USC 25th Anniversary Institute for Corporate Counsel. The panelists were David Aronoff (Leopold, Petrich & Smith, PC), James M. Lichtman (Senior Vice President, Litigation, NBC Universal Television Group) and Louise Nemschoff (Nemschoff Law Offices).
After noting that copyright law does not protect ideas, the panel discussed how implied contract theories are often used to litigate about the submission of plot ideas. Lichtman characterized unsolicited idea claims as a major area of litigation for studios, and said that all studios use forms requiring the waiver of claims before an idea may be submitted.
Rap posses who accompany rap artists into the recording studio present another challenge. The panel discussed how everyone who contributes to a recording (including the posse) should be required to sign a work-for-hire agreement to prevent later assertion of copyright ownership on the recording.
The use of trademark law to protect non-traditional marks was another topic addressed by Lichtman. He referenced the protection of sounds such as the NBC chimes and the Aflac duck quack.
On developing technologies, the panel discussed the challenges and opportunities of new media such as You Tube. Nemschoff discussed what she called the "Googlization of Copyright Law" in which Google tries to shift the burden to copyright holders to demand takedown of infringing material. She also discussed the difficult issues for companies considering entering contracts for advertising in the virtual world of Second Life.
After noting that copyright law does not protect ideas, the panel discussed how implied contract theories are often used to litigate about the submission of plot ideas. Lichtman characterized unsolicited idea claims as a major area of litigation for studios, and said that all studios use forms requiring the waiver of claims before an idea may be submitted.
Rap posses who accompany rap artists into the recording studio present another challenge. The panel discussed how everyone who contributes to a recording (including the posse) should be required to sign a work-for-hire agreement to prevent later assertion of copyright ownership on the recording.
The use of trademark law to protect non-traditional marks was another topic addressed by Lichtman. He referenced the protection of sounds such as the NBC chimes and the Aflac duck quack.
On developing technologies, the panel discussed the challenges and opportunities of new media such as You Tube. Nemschoff discussed what she called the "Googlization of Copyright Law" in which Google tries to shift the burden to copyright holders to demand takedown of infringing material. She also discussed the difficult issues for companies considering entering contracts for advertising in the virtual world of Second Life.
posted by at 12/05/2006 07:16:00 AM
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