18 - 22 January 2016, five-day CPD course
A course for Copyright, Entertainment & Media Law Practitioners
Shortly before his death Martin Luther King Jr gave a speech about technology and the future in which he warned:
“[T]oo many people find themselves living amid a great period of social change, and yet they fail to develop the new attitudes, the new mental responses, that the new situation demands. They end up sleeping through a revolution.”
By the end of 2015, we are told, we can expect legislative proposals for the reform of EU copyright law itself, perhaps even a single unified EU copyright title. Other developments in the EU marketplace, in 2015 alone, are a competition enquiry into cross-border trade and legislative proposals for cross-border contracting, a review of the practice of geo-blocking and an analysis of the position of digital platforms in the market. In the USA the regulatory framework of music licensing remains under review by the Department of Justice (as at July 2015) and more generally at the US Copyright Office. Worldwide, the broadcast industry faces competition from online programming.
The aim of this course is to help practitioners to operate in their professional lives in the present day and to look to the future the same time. In addition, if lawyers working in one sector of the creative industries can become better informed of the structure, the contractual patterns and the commercial sensitivities in another sector, they will be better equipped to adapt to legal and market changes.
Each of the first three days will focus on a different area of the creative industries: the visual arts, audio-visual works and music. Thursday morning will be devoted to live performance before the course moves to all things digital.
The latter part of the week will look in detail at various aspects of the law that are critical to digital delivery – cross-border licensing parameters, fair use exceptions, data management, privacy and security. The course will examine the requirements of the DSPs seeking to make cultural content available to a wider audience; at the making available right, permanence and ownership, access, privacy, security and data management. There will be discussion of the newly published proposals for legal changes and digital single market initiatives emanating from the EU and beyond.
The UK government justifies its support for copyright with economic data, telling us that the creative industries deliver nearly £79 billion annually to the country’s economy. But the relationship between creativity and a community is not only an economic compact. Whether it is the 35,000 year old cave paintings of Sulawesi in Indonesia or the oral traditions of storytelling and music, the interplay between creator and audience is an essential part of human nature.
With this in mind, students will have an opportunity to participate in Friday afternoon’s international debate Copyright, Culture and the Desire for Data and share ideas to promote the economic welfare of the writers, painters, composers, directors, actors, playwrights and musicians of the future in this time of change.
Students who complete the course and pass the exam will receive a Certificate in Legal Rights and Trade Practices in the Creative Industries from the Institute of Brand and Innovation Law at UCL Faculty of Laws.
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What does each day cover?
After an introductory session comparing USA and European copyright law models, the day will examine the relationship between the creator and third parties: the author and an employer, a collecting society and a corporation to which copyrights are assigned and the degree to which an author may or may not retain an interest. The afternoon will consider the visual arts.
Tuesday’s theme is audio visual works and will explore tv formats, writing for film, film funding, the business model of an online delivery as well as current film licensing patterns that promote recoupment. Is the latter compatible with a single European market?
Wednesday is music: the composer, the performer and the digital licensing of their works, collective and direct licensing in Europe and the USA with an examination of the relationship between copyright exceptions and the creative industries.
Themed “From Men to Machines” the day will begin with a review of the live performance industry then move on to explore legal and philosophical aspects of the digitisation of culture including a look at DSPs’ licensing challenges: do they “cloud” the issue?
Friday begins with an examination of proposals for law reform emanating from the EU including the recently published EU copyright reform proposals. Developments in the USA will be canvassed. This will be followed by sessions on rights registries, data management and the impact of the digital world upon privacy and free speech. Afternoon Debate: Copyright, Culture and the Desire for Data
29 CPD hours accreditation with Solicitors Regulation Authority, Bar Standards Board, and IPReg
11 - 15 April 2016, five-day CPD course
IP Transactions: Law and Practice
Drafting, negotiating, interpreting and advising on intellectual property (IP) agreements requires a special set of legal skills. In addition to understanding relevant provisions of IP law, practitioners need to be familiar with a wide range of commercial law subjects, including personal property, contracts, competition, insolvency, tax, employment, and various areas of regulation, such as data protection and export controls. To advise effectively on IP transactions, it is also necessary to be aware of commercial practice in the relevant industry sector.
The mix of legal and practice issues that transactional IP lawyers face can be very different from those experienced by IP litigators or general company/commercial lawyers. Understandably, traditional IP law courses focus on a wide range of IP issues such as subsistence, validity, infringement and enforcement, and spend relatively little time on transactional aspects. Commercial law courses may use examples from the field of IP transactions, but tend not to focus exclusively on this area.
Our course has been designed to focus on the legal and practice issues that are directly relevant to transactional IP practitioners.
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