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2023 Entertainment and Media Law Conference

Date: March 23
Location : Southwestern Law School

Registration is now open for the MLRC’s 20th Annual Entertainment & Media Law Conference, being held on the afternoon of March 23rd at the campus of Southwestern Law School in Los Angeles!

We have a great lineup of sessions this year:

  • Warhol Foundation v. Goldsmith and the Future of Fair Use: The blockbuster Supreme Court copyright case and its implications for film, television, and other creative media
  • Protecting Creativity with a Bottle of Jack on the Floribama Shore: Have First Amendment and fair use protections in trademark and right of publicity cases kept pace with the output of entertainment companies?
  • Danger and Intimacy on Set: Measures that productions can take to mitigate risk as well as lawsuits where things went awry, including on-set intimacy, COVID-19 precautions, the Rust tragedy, and more
  • Documentarian Roundtable: Award-winning filmmakers on the risks of filmmaking in dangerous and sensitive situations, the perils of negotiating access to key sources in a highly competitive market, and more

Visit the conference website for more information. We hope you can join us!

Panel Topics

  1. Warhol Foundation v. Goldsmith and the Future of Fair Use Supreme Court watchers are anticipating a blockbuster decision this term in Warhol on the scope of the fair use doctrine in copyright cases. We’ll discuss what the decision could mean for content creators, including its implications beyond the realm of photography, its effect on emerging technology, and more.Moderator:
    • Jeff Hermes, Deputy Director, Media Law Resource Center
    Speakers:
    • Dale Cohen, Director of the Documentary Film Legal Clinic at UCLA School of Law/Special Counsel to FRONTLINE
    • Andrew Gass, Latham & Watkins LLP, counsel for The Andy Warhol Foundation for the Visual Arts
    • Eleanor Lackman, Mitchell Silberberg & Knupp LLP, amicus counsel for Authors Guild and News Media Alliance in Warhol
    • Aaron Moss, Greenberg Glusker Fields Claman & Machtinger LLP, and Founder & Editor, Copyright Lately
  2. Protecting Creativity with a Bottle of Jack on the Floribama Shore Join us for the hottest takes on the Supreme Court’s Jack Daniel’s case following the oral argument on March 22. How far should the First Amendment protect the use of another’s names and trademarks? Do trademark/right of publicity fair use doctrines adequately allow for such use in titles, promotions, and merchandise? With Jack Daniel’s, the Eleventh Circuit’s decision on MTV’s Floribama Shore, and other recent cases as a backdrop, we’ll explore whether the law has kept pace with the creative output of entertainment companies.Moderator:
    • Kevin Vick, Jassy Vick Carolan LLP
    Speakers:
    • Evynne Grover, Vice President, Media Liability Claims Practice Leader, QBE North America
    • Lynn Jordan, Kelly IP, amicus counsel for the Motion Picture Association in MFGB Properties v. Viacom
    • Susan Kohlmann, Jenner & Block, counsel for Viacom/MTV in MFGB Properties v. Viacom
    • Rebecca Tushnet, Professor of Law, Harvard Law School
    • Giulio Yaquinto, Pirkey Barber PLLC, amicus counsel for the American Intellectual Property Law Association in Jack Daniel’s
  3. Danger and Intimacy on Set: Safeguards and Lawsuits Ensuring physical and psychological safety in the high-pressure environment of a film or television production can be a daunting task. This session will discuss measures that productions can take to mitigate risk as well as recent lawsuits where things went awry, with a particular focus on changing norms around COVID-19, on-set intimacy and sexual harassment, and the role of in-house counsel in dealing with worst-case scenarios.Moderator:
    • Orly Ravid, Associate Dean, Biederman Entertainment and Media Law Institute
    Speakers:
    • Rebecka Biejo, Chief Legal Officer, Pilgrim Media Group
    • Rachel Fiset, Zweiback, Fiset & Zalduendo LLP
    • Danielle Van Lier, Senior Assistant General Counsel, Contracts and Compliance at SAG-AFTRA
    • Claire Warden, Director of Advanced Training, Intimacy Directors & Coordinators
  4. Documentarian Roundtable This session will bring together documentary filmmakers to discuss challenges they have faced in bringing important stories to light. Our panel will discuss the risks of filmmaking in dangerous and sensitive situations, the perils of negotiating access to key sources in a highly competitive market, dealing with threatened lawsuits, and more.Moderator:
    • Diana Palacios, Davis Wright Tremaine
    Speakers:
    • Julian Rubinstein, award-winning filmmaker (The Holly)and journalist
    • Victoria Baranetsky, General Counsel at Reveal from the Center for Investigative Reporting (Victim/Suspect)
    • Ted Braun, award-winning filmmaker (Darfur Now, ¡Viva Maestro!) and screenwriter
    • Dean Schramm, The Schramm Group (Producer (p.g.a.), ¡Viva Maestro!, and Executive Producer, Darfur Now).
    • Adam Scorgie, President and Founder, Score G Productions

Thank you to our sponsors: Katten Muchin Rosenman | Fox Rothschild | Jassy Vick Carolan | Ballard Spahr | QBE Insurance | Jeff Kichaven Commercial Moderation | Motion Picture Association | Mutual Insurance | Mitchell Silberberg & Knupp | Jenner & Block | Davis Wright Tremaine | CNA Insurance