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The Copyright Office Comes to California

The Copyright Office Comes to CaliforniaMonday , May 14, 2012 
St. Francis Hotel, San Francisco
335 Powell Street
San Francisco, CA
415-397-7000
Onsite Registration Is Available!

Wednesday , May 16, 2012 
Beverly Hills Hotel
9641 Sunset Boulevard 
Beverly Hills, CA
310-276-2251
Onsite Registration Is Available!

Presented by the Copyright Interest Group, this live program features Maria Pallante, David Carson and several others from the US Copyright Office as well as well-round discussion panel about online piracy.

See the full program at The Copyright Office Comes to California.

Speakers:

  • Maria Pallante—Register of Copyrights
  • David Carson—General Counsel, U.S. Copyright Office
  • Michele Woods—Associate Register for Policy & International Affairs, U.S. Copyright Office
  • Rob Kasunic—Deputy General Counsel, U.S. Copyright Office
  • Catherine Rowland —US Copyright Office
  • Alice Parrish—Chief, Performing Arts Division, U.S. Copyright Office
  • Jay Dougherty—Loyola University School of Law
  • Stanley Pierre-Louis—Viacom Inc.
  • Oliver Metzger—Google Inc.
  • Jonathan Kirsch—attorney, author & book critic
  • David Nimmer—Irell & Manella and UCLA School of Law (LA)
  • Peter Menell—University of California School of Law (SF)
  • Ted Cohen—eBay
  • Mark Cimino (L.A. only)—SVP and Head of Business and Legal Affairs for Warner Bros. Records 

Entertainment and Sports Law Interest Group Planning Call

Planning Meeting Conference Call Tuesday, May 15, 2012, 12 noon - 1 p.m.

The Entertainment and Sports Law Interest Group will be having a planning call for 2012 events on May 15, 2012, at Noon (Pacific Time).  The call in number is 800-304-8043; Passcode: 346923#. 

During the call we will discuss potential topics for teleconferences, webinars, CLE presentations, social/networking events, and other potential 2012 activities.  This is a great opportunity to suggest topics you would be interested in learning more about, and to get involved with the Interest Group's activities. 

All IP Section members interested in getting more involved with the Entertainment and Sports Law Interest Group are invited to participate, as well as those who simply want to provide input regarding their interests.

The call will be moderated by Elizabeth J. Rest, Chair of Entertainment and Sports Law Interest Group.

Trade Secrets Interest Group Teleconference Meeting

Tuesday, May 15. 3 - 3:20 p.m.
Call-in number is 1-800-304-8043; pass code 346923.

The Trade Secrets Interest Group has appointed Robert Milligan and David Almeling as Programing Directors.  If you are interested in assisting in developing programming on trade secret related topics, please contact Robert at rmilligan@seyfarth.com or David at dalmeling@omm.com.

WebinarThe Cloud Around the World: Legal Issues of Transnational Cloud Computing Agreements

Presented by the International Law Section and the Intellectual Property Law Section's, Licensing Insterest Group and International Law Interest Group

Wednesday, June 27, 2012, 12 p.m. -1 p.m. Pacific Time.

1 Total Participatory MCLE Credits (No Ethics)

IDC predicts cloud services will triple to $72.9 billion, from 2010 to 2015. Most likely, your clients are using or providing cloud services on a global basis, given that such services are available via an Internet browser. This program explores the international aspects of cloud computing, including transborder data flows (and the relevant privacy and security issues), export issues, and jurisdictional considerations. The four lawyers and one technologist will explore practical ways to address legal issues in the relevant agreements. Ample time will be available for Q&A. The panel will use a PowerPoint presentation that will be available to all participants.

  • John Pavolotsky, Greenberg Traurig Bartosz Sujecki, Esq.
  • Juan Carlos Uribe, Triana, Uribe & Michelsen, Columbia
  • Jerald Savin, Cambridge Technology Group, Inc.
  • James C. Roberts III, Moderator, Global Capital Law Group

To register, see The Cloud Around the World: Legal Issues of Transnational Cloud Computing Agreements or go to www.calbar.org/online-cle and select Tele-Seminars and Webinars.

Teleseminar: Shooting the Messenger? The State of the Law on Intermediary Liability

TeleseminarWednesday, May 23, 2012, 12 noon - 1 p.m.

Presented by the Computer, Copyright and Entertainment Interest Groups. This program offers 1 hour MCLE credit. You must register in advance in order to attend.

Can Internet intermediaries be sued for content their users post on them?  Learn more about the laws that shield intermediaries from liability in their users' content for defamation, copyright infringement, and more -- and when that protection ends.

Speaker:Catherine Gellis

Moderators: Elizabeth J. Rest and Barbara Friedman

Cathy Gellis is a cyberlawyer in the San Francisco Bay Area where her practice covers intellectual property and other issues affecting information technology use and development. Author of several articles on intermediary liability for ABA publications, she is also the founder of DigitalAgeDefense.org, a project focused on the convergence of criminal law and technology. Prior to becoming a lawyer she spent the early part of her career developing and managing websites in Silicon Valley and Europe. Cathy is a New Jersey native and graduate of UC Berkeley and Boston University School of Law.

Teleseminar on America Invents Act and Patent Licensing

TeleseminarThursday, May 24, 2012, 12 noon - 1 p.m.

Presented by the Licensing and Patent Interest Groups. This program offers 1 hour MCLE credit. You must register in advance in order to participate.

The AIA is profoundly transforming US patent law, through changes such as the implementation of a “first-to-file” system, expanded post-issue patent challenges, and a “prior user” defense to infringement.  These and other changes raise new strategic issues regarding portfolio management, valuation, and due diligence when negotiating licenses and other transactions. Other licensing considerations affected by the AIA include patent challenge provisions and related jurisdictional choices. Making sound business decisions when prosecuting patents for licensing, and when transferring patent rights, requires an understanding the AIA in a transactional context.  While some AIA changes are already in effect, others will be phased in over the next several months. This program will help you and your clients manage and prepare for the effects of the AIA in licensing and transactional environments.

Speakers: Dana S. Rao and Adrian R. Cyhan

As a Microsoft Associate General Counsel of IP for eleven years, Dana S. Rao managed a team focused on patent matters for the Xbox and Windows Phone businesses, including invention identification, prosecution, assertions, litigation, licensing, and standards work. He also managed cross-company strategic patent acquisitions. Dana just joined Adobe Systems as Vice President of IP, with oversight of all Adobe IP matters.

Adrian Cyhan is a partner in the San Diego intellectual property law firm of AlbertDhand LLP.  His practice is focused on licensing, technology transactions and other IP matters. He has assisted clients with matters in various technology fields, including alternative fuels, hybrid vehicles, semiconductors, wireless, robotics, advanced materials, and IT/software.  Adrian has also structured and negotiated key IP aspects of broader business transactions. Adrian has a degree in materials science and engineering from the University of Notre Dame and graduated from the University of Michigan Law School. Before law school, Adrian worked as an engineer at the Toyota Technical Center.

Trademark and Copyright Meeting on June 12

Join the Trademark and Copyright Interest Groups monthly meeting on Tuesday June 12 from 12 noon to 1 p.m. for a discussion about recent meetings in Washington D.C. between a delegation from the IP Section Executive Committee and high ranking officials at the Trademark Office, the Copyright Office and the Court of Appeals for the Federal Circuit.

Carole Barrett, Sophie Cohen and Warren Dranit will  lead the discussions on the intellectual property issues uppermost in the minds of David Kappos Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Chief Trademark Administrative Judge Gerard Rodgers, Commissioner for Trademarks Deborah Cohn, Commissioner for Trademark Examination Policy Sharon Marsh, CAFC Judge Kathleen O’Malley and Register of Copyrights Maria Pallante and senior U.S. Copyright Office staff.

The call in number is 800-304-8043; Passcode: 346923#. 

Other News

Breaking News from the U.S. Copyright Office

The IP Section delegation is back from its DC trip and wishes to inform members about the following important news from the Copyright Office:

Discontinuance of Form CO: If you file registrations with the Copyright Office, please note that, after July 1, 2012, the Copyright Office will no longer accept Form CO.  The Copyright Office will continue to accept online filings on eCo and traditional paper applications (TX, PA, SR, etc.).
Proposed rulemaking on fee increase/new fees:  Comments are due by May 14, 2012.  The Copyright Office is proposing to adopt new fees for the registration of claims, recordation of documents, special services, Licensing Division services, and FOIA requests, including the following proposed changes:  (1) the online filing fee would rise from $35 to $65; (2) the paper filing fee would rise from $65 to $100; and (3) a new fee of $45 would apply to single authors filing an online claim for a single work that is not a work made for hire.   The Copyright Office strongly prefers that comments be submitted electronically:  www.copyright.gov/docs/newfees/comments/.

Proposed rulemaking on new possible exemptions to the prohibition against circumvention of technological measures that control access to copyrighted works: The Copyright Office will hold a tech hearing in DC on May 11, 2012 (limited to demonstrations of technology), as well as subsequent hearings in Los Angeles on May 17, 2012 and in Washington D.C.  May 31-June 1 and June 4-June 6, 2012.

The Copyright Office initiated a study on small copyright claims disputes.  On May 10, 2012, the Copyright Office will participate in a Small Claims Procedures Conference at George Washington University (http://www.law.gwu.edu/News/Events.aspx).

Nominate Professionals at the Vanguard of Intellectual Property Law!

Vanguard Awards
The Executive Committee of the IP Law Section is pleased to honor outstanding legal professionals who are spearheading new developments in the world of intellectual property. The 4th Annual IP Vanguard Awards will be presented during a special awards Luncheon at the 2011 IP Institute, the flagship event of the IP Law Section.

Achievements will be honored in the following categories:
- In-House Counsel
- Private Practice
- Academic
- Judicial

For selection critieria, see Vanguard Awards and make your nomination ujsing the 2012 Vanguard Awards Nomination Form. The nomination deadline is July 2, 2012. 

Applicants Sought for New Matter Editorial Board Positions for 2012-2013

The Executive Committee of the Intellectual Property Law Section of the State Bar is seeking interested members to apply for appointment to the 2012-2013 Editorial Board for the Section's print publication New Matter. The positions to be appointed are Editor-in-Chief, Production Editor, and Acquisitions Editor. A description of the duties and obligations for each of these positions is set forth below. 

If you are currently a member of the IP Section and are interested in being considered for one of these positions, please provide the following information to Section Coordinator Kristina Robledo no later than July 2, 2012;

1. a statement of interest setting forth the reason you want the position and why you should be selected for it; 
2. a resume providing general information about your legal and publishing background; 
3. a work product /writing sample; 
4. letter(s) of recommendation (optional). 

Please let us know if you would you be willing to work with the New Matter team as an article editor if you are not selected for an elected position. Article editing is a wonderful way to get involved with New Matter and assume increasing responsibility. 

Duties and Responsibilities of New Matter Editorial Board Members

Editor-In-Chief 

The Editor-In-Chief oversees all aspects of publishing New Matter. This includes, but is not limited to, such matters as soliciting and selecting articles for publication, editing the articles, determining the layout and content of specific issues of the publication, and gathering news and information to publish from the IP Section's standing committees as well as the State Bar. The Editor-in-Chief sets the agenda for regular meetings with the other editors and publication staff, and ensures that New Matter is published in a regular and timely manner. The Editor-in-Chief is also the primary liaison between the New Matter editorial staff and the Executive Committee of the IP Section of the State Bar. 

  • Publish New Matter at least quarterly (minimum of 4 issues per year); 
  • Write a brief (1-2) page "Letter from the Editor" for each issue;
  • Plan special issues of New Matter as appropriate. The Editor-in-Chief determines the focus of the issue, identifies potential article topics, and considers potential authors; 
  • Make final decisions on inclusion of all material in New Matter, in consultation with the editorial staff; 
  • Make periodic assessments of the Editorial Board's constitution, and recommend changes to the Executive Committee when appropriate; 
  • Assist the incoming Editor-in-Chief and editorial staff, when appropriate. 
  • Ensure that New Matter continues its tradition as one of the finest intellectual property publications in print, ensuring that it is both attractive to and meets the needs of the membership of the Intellectual Property Law Section.

The Editor-in-Chief must be a member of the Intellectual Property Law Section at the time of application and continuing throughout the appointment period. He/she should be familiar with intellectual property law, have strong writing and editing skills, be good at harmoniously coordinating the efforts of many people, and have a knack for getting large projects done on time. The Editor-in-Chief sits for a term of one year (beginning with the October issue, and ending with the July issue), renewable upon application and appointment by the Executive Committee. 

Production Editor 

The Production Editor is responsible for all aspects of production of New Matter. This includes working with the Editor-in-Chief to plan the layout of the publication, and working with printers and outside consultants to publish and distribute the publication. The Production Editor establishes and distributes a timeline for producing each issue, and works with the editorial staff, including the layout editor, to ensure production milestones are met in a timely fashion. The Production Editor solves practical problems as they arise during production, makes periodic assessments of the printer and other production staff, and recommends changes and improvements to the Editor-in-Chief when appropriate. The Production Editor also monitors the quality of the printed issue and delivery of the publication by the U.S. Post Office. The Production Editor has primary responsibility for review and approval of all galley proofs in a timely manner to meet set publication deadlines. 

The Production Editor serves on the Editorial Board, attends meetings and teleconferences of the Editorial Board, and works with the Editor-in-Chief and other members of the editorial staff on miscellaneous issues as they arise. The Production Editor also assists the incoming Production Editor and other editorial staff, when appropriate. 

The Production Editor must be a member of the IP Section at the time of application and continuing throughout the term of appointment. He/she should have strong writing and editing skills and be detail-oriented. The Production Editor sits for a term of one year (beginning with the October issue, and ending with the July issue), renewable upon application and appointment by the Executive Committee. 

Acquisitions Editor 

The Acquisitions Editor obtains articles, news, announcements, and other material for publication in New Matter. The Acquisitions Editor typically will obtain material for publication by the following means: 

  • Contacting potential authors about writing for New Matter; 
  • Approaching speakers at conferences and seminars to contribute articles; 
  • Canvassing the standing committees of the Intellectual Property Section for periodic committee reports; 
  • Working with the Executive Committee members and standing committee chairs to contribute and/or obtain articles for publication; 
  • Receiving and initially reviewing unsolicited articles that are submitted; and 
  • Serving as liaison with the State Bar staff to acquire meeting announcements and other news to publish in New Matter. 

The Acquisitions Editor will also acquire photographs, biographical information, releases, and other information and/or documents needed from authors and others as necessary for publication of New Matter. 

The Acquisitions Editor ensures that current lists of Executive Committee members, standing committee chairs and the like are maintained for publication in each New Matter. To the extent that New Matter accepts advertisements from paying advertisers, the Acquisitions Editor will be required to obtain advertising copy and ensure that the copy conforms to the standards of New Matter. The Acquisitions Editor serves on the Editorial Board, attends meetings and teleconferences of the Editorial Board, and works with the Editor-in-Chief and other members of the editorial staff on miscellaneous issues as they arise. The Acquisitions Editor also assists the incoming Acquisitions Editor and other editorial staff, when appropriate. 

The Acquisitions Editor must be a member of the Intellectual Property Law Section at the time of application and throughout the appointment period. He/she should have strong interpersonal skills and should be familiar with the field of intellectual property law and its sub-specialties. The Acquisitions Editor serves for a term of one year (beginning with the October issue, and ending with the July issue), renewable upon application and appointment by the Executive Committee.

MCLE is Now Available for Select Articles in New Matter

Self-Study CLE TestsOne hour of MCLE in Substance Abuse Elimination is available in the current issue of New Matter. For the Winter issue that just arrived in your mail, MCLE for Substance Abuse is available for the article “Substance Abuse–The Sobering Truth.” One hour of MCLE credit can be obtained by answering 20 True/False questions.

Log on to the website www.calbar.org/self-study for details. Watch for other MCLE credit availability in future issues of New Matter.

Interested in Advertising in New Matter?

If you're interested in advertising in New Matter, please note our new ad rates.

Eligible Advertisers:

Law Firms,
Court Reporting Services,
IP Search Services,
IP Insurance Services,
eDiscovery Service Companies,
Legal Research Companies,
Legal Staffing Companies
And any other legal service company.

Ad Size/ Issues
1 Issue 2 Issues 3 Issues 4 Issues
¼ Page $1,200 $2,300 $3,300 $4,000
½ Page $1,600 $3,000 $4,200 $5,000
Full Page $2,400 $4,500 $6,300 $7,500


Now Available! 2011 Supplement to Trade Secret Litigation and Protection in California (Second Edition)

The IP Section proudly announces publication of its 2011 Supplement to the practice guide "Trade Secret Litigation and Protection in California (Second Edition)" published by the State Bar of California in 2009. Written by California practitioners, this treatise explains the fundamentals and intricacies of California trade secret law. The treatise is a resource for anyone working with trade secrets prior to or during litigation.

The 2011 Supplement updates the statutory and case law in the Second Edition of the Trade Secret Protection and Litigation in California practice guide. The updates include additional practical tips for protecting trade secrets and for handling trade secret disputes.

Recent developments addressed in this supplement include:

  • Discussion and analysis of more than fifty new cases on topics including misappropriation, preemption, identification of trade secrets, injunctions, damages, and attorneys fees;
  • New content regarding social media policies and measures to protect against trade secret theft;
  • New and updated jury instructions from the Judicial Council's official California Civil Instructions (CACI) for use in use in trade secret misappropriation cases applying California law.

The cost of the treatise and supplement together is $105.00 and the supplement alone is $10.00. You can order online now (click on "Order Sections Products," then "Intellectual Property") or use the publications mail order form.

Word Versions of the Trade Secret Committee's Model Protective Draft Order

The Trade Secrets Committee has now posted the preface and draft of its Model Protective Draft Order, in Word Format for your ease of use. See the links below.

Preface to Model Protective Draft Order
Model Protective Draft Order

Save Money with CEB

CEB Discount Program for Section MembersContinuing Education of the Bar, California (CEB) is extending some special discount offers to our section. As a member of the Intellectual Property Law Section, you're eligible for:

  • 10% off selected CEB print or online books
  • A rebate on your section dues that can be applied to the cost of a CEB Gold CLE Passport or a CLE program ticket

A complete list of the products eligible for a discount is available on a CEB web page accessible through our Members Only Area. Information about the section dues rebate program can be found on the CEB Web site.

Third-Party Programs

Current Issues in Trade Secret Litigation

Trade Secret LitigationPresented by The State Bar of California Labor and Employment Law Section and Intellectual Property Section

This Program Offers 1.5 hours MCLE credit.

May 17, 2012
San Francisco
12 p.m. – 1:30 p.m.
State Bar of California
180 Howard Street
San Francisco, CA
REGISTER ONLINE

June 14, 2012
Los Angeles
12 p.m. – 1:30 p.m.
State Bar of California
1149 South Hill Street
Los Angeles, CA
REGISTER ONLINE

The program will address current litigation issues for lawyers representing both plaintiffs and defendants in trade secret disputes. The topics will include fact gathering, evidence preservation and protective orders; California’s unique definition of a “trade secret”; customer lists and social media; the preemptive effect of the Uniform Trade Secrets Act; compliance with Code of Civil Protection Procedure section 2019.210; computer forensic protocols; evidence presentation at trail; and affirmative defenses.

  • Speakers:

    Theodora Lee, Shareholder, Littler Mendelson, San Francisco
    Dylan W. Wiseman, Shareholder, Littler Mendelson, San Jose
    Henry J. Josefsberg, Long Beach

For more information, see Current Issues in Trade Secret Litigation .

 

The Intellectual Property Colloquium

We believe IP Section members may be interested in this message from the IP Colloquium:

The Intellectual Property Colloquium is an online audio program devoted to intellectual property topics. We aspire to be something like an NPR talk show, but focused on copyrights and patents, and aimed primarily at a legal audience. The programs are neither lectures nor debates. They are conversations, with high-profile guests drawn from academia, the entertainment community, and the various technology industries.

Each program lasts one hour: is downloadable; and any lawyer who listens can earn free CLE credit in California, New York, Texas, Illinois, Washington, and soon over a dozen more states.

The programs are hosted by UCLA Law Professor Doug Lichtman. Our current show, an archive of previous programs, a schedule of upcoming audios, and various subscription methods are all available at www.ipcolloquium.com. Questions: Email Professor Lichtman at lichtman@law.ucla.edu.

Contact Us

Intellectual Property Law Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639
415-538-2375
415-538-2368 fax