Jury trials in copyright cases are rare enough. Jury trials in copyright cases that capture the world's attention are rarer still. But in recent years we witnessed two such trials: the major record labels' cases against Minnesota mother Jammie-Thomas Rasset and Boston University physics graduate student Joel Tenenbaum, both of whom were accused of using peer-to-peer software to download and "share" songs without permission from the copyright owners. The antics of defense counsel and the enormous verdicts in favor of the plaintiffs -- $1.92 million against Thomas-Rasset and $675,000 against Tenenbaum -- riveted IP lawyers, as well as millions of ordinary citizens who care about the future of the music industry. Federal courts recently affirmed both verdicts, although the damages award against Thomas-Rasset was reduced to $222,000, and the Tenenbaum case is still on appeal.
Zach McGee, an entertainment lawyer who has been following both cases since 2009, will bring you inside the Minneapolis and Boston courtrooms where history was made with these highly-usual trials. He also will discuss the numerous novel copyright issues raised by these cases, as well as the larger question of whether the record labels' litigation campaign against thousands of individual downloaders can be considered a success.
Topics will include:
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The so-called "making available" right.
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Is peer-to-peer use fair use?
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The potential conflicts that arise when a law professor devoted to a cause represents an individual client.
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The possible constitutional limits on large awards of copyright statutory damages.
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Is there a better way to combat online infringement than suits against individuals?
This program will benefit anyone who cares about copyright, both litigators and transactional attorneys, as well as anyone who cares about the future of the music business, and enjoys a good trial war story.
Zach McGee is Senior Vice President, Head of Business & Legal Affairs, for Miramax in Santa Monica where he oversees all licensing of Miramax’s television and film content in digital and traditional media throughout the United States and the rest of the world. Before joining Miramax, Mr. McGee was a Vice President, Legal Affairs, with NBC Universal, Inc., where he represented and counseled senior executives in litigation matters arising from the development, production, exhibition and distribution of television programs. Prior to moving in-house, Mr. McGee was a securities and M&A litigator with Davis Polk & Wardwell, practicing in that firm's New York and Menlo Park, California offices. Mr. McGee is admitted to practice before all California and New York state courts, the United States District Courts for the Central, Eastern, Northern and Southern Districts of California and the Eastern and Southern Districts of New York, and the United States Court of Appeals for the Ninth Circuit. He graduated magna cum laude from Harvard College and Harvard Law School, and is licensed to practice in California and New York.
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