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Copyright Principles in the Arts

Overview of Copyright Issues in the Arts (2.00 CLE Hours)

Selected Topics and Model Agreements Covered in Video and Materials

Statutory Basis

Fixation

Copyright Registration

Originality

 

Authorship

Useful Articles

Work Made for Hire

Exclusive Rights

 

Transfer of Copyright Interests

Copyright Infringment and Enforcement

Fair Use Basics

Digital Millennium Copyright Act

 

 

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Speaker Biographies:

William H. Frankel

Shareholder - Brinks Gilson & Lione

Clients and colleagues alike recognize Bill Frankel for his extraordinary range of experience and his effective advocacy in intellectual property disputes. His litigation practice encompasses patent, trademark, copyright, trade secrets and unfair competition litigation in the U.S. and abroad; he also counsels clients on evaluating, protecting, procuring and transferring IP rights. Bill is known for helping clients think ahead to prepare for any situation that may arise in litigation. His maxim is, “Continuously communicate with clients and avoid surprises.”

In over three decades of practice, Bill has earned a reputation for his uncompromising ethics and dedication to client needs. He has been honored as an Illinois Super Lawyer in Intellectual Property Litigation since 2005, has been named in Euromoney’s Guides to the World's Leading Patent and Trademark Law Experts, and has been recognized by Chambers U.S.A., The Best Lawyers in America, and Who’s Who Legal, among other accolades. He is also a trained mediator, using his judgment and experience to help both clients and litigants resolve intellectual property disputes outside the courtroom.

Bill represents clients in leading cases in federal trial and appellate courts, the U.S. Patent and Trademark Office, the International Trade Commission and alternative dispute resolution fora. His engineering background and communication skills have helped him distill complex fact patterns into compelling arguments involving medical devices, packaging materials, hydraulics, consumer electronics, navigation systems, telecommunications, Internet and e-commerce matters, social media, software applications, automotive technologies, oil and gas drilling technologies, and
cargo restraint apparatus.

Businesses with global aspirations rely on Bill for worldwide IP protection, as well as the coordination of legal strategies in crossborder IP disputes. He has worked with clients throughout Europe, as well as in Canada, Israel, Australia and China, and has represented domestic and foreign companies before the International Trade Commission.

As Chair of Brinks Gilson & Lione’s Copyright Group, Bill handles a range of cutting-edge copyright disputes. He is a past President and active Board member of Lawyers for the Creative Arts, an association that provides pro bono legal assistance to artists and arts organizations in the Chicago area.

 

Thomas R. Leavens

Partner - Mandell Menkes LLC

Tom Leavens is a legal industry leader in the field of entertainment law. Tom’s legal career has involved transactions, counseling, and litigation in all areas of performing, visual, and literary expression, new media, intellectual property, and technology.

Prior to forming Leavens, Strand, & Glover, LLC, Tom was General Counsel for LRSmedia, LLC, a media production and brand development company, whose initial project was the PBS television series LEGENDS OF JAZZ with Ramsey Lewis. His responsibilities there included agreements, publishing and record company clearance, distribution agreements, business development, union agreements, and intellectual property protection. 

Earlier in his career, Tom was General Counsel for MusicNow LLC, a pioneer digital music company that commercially launched a subscription music service, webcasting, and the sale of music downloads in 2002. Tom has also served as General Counsel and Senior Executive Vice President of Platinum Entertainment, Inc., a public company which grew from its formation in 1992 to become at one point the largest US-based independent record company. While there he also served as executive producer of various recording and television projects, and compiled and produced 16 House of Blues Essential Blues recordings released by the company under its joint venture with HOB Entertainment. Prior to joining Platinum, Tom was a partner with the law firm McBride, Baker & Coles in Chicago, where he chaired the firm's intellectual property department.

In recognition of Tom’s contribution to law and the arts in Chicago, Lawyers for the Creative Arts created the Thomas R. Leavens Award to be given annually to an individual who demonstrates Tom’s commitment to the advancement of the arts through legal assistance. Tom was the first recipient of the Leavens Award. He has also received the David C. Hilliard Award, presented by the Chicago Bar Association for Outstanding Committee Service to the Legal Profession and Community, and has served as an elected member of the Board of Managers of the Chicago Bar Association, the Board of Directors of the Digital Media Association, and the National Recording Preservation Board of the Library of Congress. 

Tom is also an Adjunct Professor at Northwestern University School of Law and at the S.J. Quinney College of Law at the University of Utah, an Associate with The Henry Lydiate Partnership in London, the premiere arts consultancy in the UK, a voting member of the National Academy of Recording Arts and Sciences, and a member of the Authors Guild. Tom has also served as an expert witness in litigation concerning issues pertaining to the music industry. Tom has received the highest AV Peer Review Rating from the Martindale-Hubbell Law Directory, is included in The Best Lawyers in America, and is ranked in Band 1 in Media & Entertainment: Transactional by Chambers and Partners.

Tom is also the author of Music Law for the General Practitioner (American Bar Association, 2013).

 

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