Exploring Copyrightability and Scope of Protection

October 4, 2019

Columbia Law School

Recommended Readings 

The form authorship takes has never been static, but in the 21st century, the changes seem to be happening at lightning speed.  While forms of creative expression advance at a faster rate than the law, authors must grapple with how – and whether – copyright attaches to their creations. But this is not a new dilemma. And even where a work as a whole is entitled to copyright protection, key elements may be unprotectable under the merger doctrine or as scènes à faire.  The 2019 Kernochan Center symposium, held in conjunction with the U.S. Copyright Office, addressed these issues in Exploring Copyrightability and Scope of Protection.  

8:30 Registration | 9:10-9:40 Introduction

Speakers: June Besek, Executive Director, Kernochan Center and Karyn Temple, U.S. Register of Copyrights

9:45-11:45 Panel One - Subject Matter of Copyright: challenges of new modes of authorship

This panel discussed the challenge new art forms pose to the traditional contours of copyright such as authorship and fixation.

Moderator: Pippa Loengard, Deputy Director, Kernochan Center

Speakers:
Amelia Brankov, Counsel, Frankfurt Kurnit Klein & Selz PC
Professor Robert Brauneis, George Washington Law School
Professor Shyam Balganesh. Penn Law School; visiting, Fall 2019, Columbia Law School
Professor Christopher Buccafusco, Cardozo Law School
Regan A. Smith, General Counsel and Associate Register of Copyrights

11:45 am – 1:15 pm LUNCH

1:15 – 3:00 Panel Two - Scope of Copyright Protection

This panel discussed separating protectable from unprotectable content post Star Athletica, and the scènes à faire doctrine: does it make sense?

Moderator: June Besek, Executive Director, Kernochan Center

Speakers:
Dale Cendali, Partner, Kirkland & Ellis LLP
Robert Clarida, Partner, Reitler Kailas & Rosenblatt LLC
Robert Kasunic, Associate Register of Copyrights and Director of Registration Policy and Practice
Professor Jane Ginsburg, Columbia Law School
Joseph Gratz, Partner, Durie Tangrie LLP
Joshua Simmons, Partner, Kirkland & Ellis LLP

3:00- 3:15 Break

3:15 - 4:15 Roundtable

Practitioners and a representative from the Copyright Office spoke about their practical experiences concerning applications to register non-conventional works.

Moderator: Jane Ginsburg, Morton L. Janklow Professor of Literary and Artistic Property Law at Columbia Law School and Faculty Director of the Kernochan Center

Speakers:
Janet Fries, Of Counsel, Drinker Biddle LLP
Tom Kjellberg, Of Counsel, Cowan Liebowitz & Latman PC
Megan Noh, Partner, Pryor Cashman LLP
Nancy Wolff, Partner, Cowan DeBaets Abrahams & Sheppard LLP
Catherine Zeller Rowland, Associate Register of Copyrights and Director of Public Information and Education

4:15 Conclusion

Information Regarding New York CLE Credits: 

Columbia Law School has been certified by the New York State Continuing Legal Education (CLE) Board as an Accredited Provider of CLE programs. Under New York State CLE regulations, this live transitional and non-transitional CLE Program will provide 5.5 credit hours that can be applied toward the Areas of Professional Practice requirement. This CLE credit is awarded only to New York attorneys for full attendance of the Program in its entirety. Attorneys attending only part of the program are not eligible for partial credit. Attendance is determined by an attorney's sign-in and sign-out, as shown in the Conference registers. On final sign-out, attorneys should also submit their completed Evaluation Form, provided at the Conference. Please note the NYS Certificates of Attendance will be sent to the email address as it appears in the register unless otherwise noted there.