The 1976 Copyright Act provided authors and artists the right to terminate their prior copyright grants, with the earliest terminations beginning on January 1, 2013. This program will provide an overview of termination rights in general, including discussing the timing and notification requirements for such terminations under both Sections 203 and 304 of the Copyright Act (for pre and post 1978 grants). The panel will include a discussion regarding the issues raised by an author/artist’s use of a loan out corporation and the potential effect on termination rights. The panelists will also discuss notable copyright termination cases, including in depth discussions regarding the recently filed Horror, Inc. v. Miller, which involves an author of a screenplay (of the original “Friday the 13th” film) exercising his termination rights. The Horror, Inc. case raises many interesting issues including what effect and limitations such termination could have on the production company’s ability to create additional chapters of this long running film franchise, and whether Miller’s screenplay constituted a “work for hire” under the 1976 Copyright Act.
Marc Toberoff, Founding Partner of Toberoff & Associates, P.C., represents the author in Horror, Inc. v. Miller, and has represented artists and authors in other high profile copyright termination cases, including Siegel v. Warner Bros. (Superman), Marvel v. Kirby (X-Men, Fantastic Four, Thor, Hulk etc.), and Classic Media v. Mewborn (Lassie).
Michael L. Lovitz, Founding Partner and Owner of Lovitz IP Law P.C., focuses his practice on intellectual property issues including trademark and copyright prosecution, licensing and litigation and copyright termination. Michael is the Co-Chair of the I.P., Internet & New Media Section of the BHBA.
Aaron J. Moss, Partner at Greenberg Glusker, is the chair of Greenberg Glusker’s litigation department and a member of its intellectual property department. Aaron specializes in representing owners and users of creative content, and is the co-author of “Copyright Termination and Loan-Out Corporations: Reconciling Practice and Policy,” which was published in the Harvard Law School “Journal of Sports & Entertainment Law.”
Larry Zerner of Law Offices of Larry Zerner, is an entertainment attorney who’s practice specializes in copyright litigation matters. Larry is the founding co-chair of the California Society of Entertainment Lawyers, and is also a former actor who portrayed one of the cinematic victims of Jason Voorhees, in “Friday the 13th, Part III.”
When: Wednesday, May 10, 2017, 12:00 pm to 2:00 pm (Program at 12:30 pm)
Where: Lawry’s the Prime Rib (Directions, Free Underground Parking)
$0 – Members of The Order of Distinguished Attorneys
$45 – BHBA Members who pay in advance*
$245 – Non-BHBA Members who pay in advance*
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Entertainment Law Section Chairs: Alexander Rufus-Isaacs, Esq. & Pierre B. Pine, Esq.
Program Chair: Pierre B. Pine, Esq.
IP Section Co-Chairs: Azita Iskandar, Esq. & Michael Lovitz, Esq.
* Advanced registration closes 24 hours prior to event time. Registrations received thereafter include a $25 additional fee. Full refund with 48 hours notice. Raincheck with 24 hours notice.
This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1.5 Hours of Participatory MCLE Credit and the Beverly Hills Bar Association certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education.
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