The Do’s and Don’ts of Online Streaming

The Do’s and Don’ts of Online Streaming and the Protections under the Copyright Act and the Digital Millennium Copyright Act [DMCA]

With Heather Bennett, Joe Moschella, Galen D’Attilio, Joanna Chen & Steven Kozak

Lawyers and industry players join to provide an overview of the Do’s and Don’ts of streaming content from the internet.

Topics will include:

Laws in the U.S. that apply to posting/pulling content from the internet, the relief they provide for the content creator or owner, and the rights and potential liability of the distribution platform (Youtube, Facebook, Dailymotion, etc.), what tools they provide for resolving disputes over content.

How to be a good creator: how to protect your rights before publishing on the web, how to properly monetize your works, options for managing and enforcing those rights including licensing and selling, when copyrights & trademarking licensing is taken too far, and what happens with illegitimate claims. This section looks at the differences with traditional studios, Multi-Channel Network (MCN), rights management companies, and companies like Jukin Media. What about companies like Snapchat, Instagram, and Vine. YouTube has a new RED subscription service which requires all submitted content have automatic streaming and downloadable rights. Will this result in giving YouTube a monopoly on licensing content?

How to stay "legal" when pulling content from the web, how to decipher who holds the copyright to the work, how to properly license the rights to content you want to use, and how to determine if the doctrines of Fair Use or Public Domain apply. This section will also explores the different Fair Use Doctrines as they apply to Copyrights, Trademarks, and Right to Publicity, what constitutes Transformative Fair Use, and whether "react videos" qualify. 

Presenters:

Heather Bennett, Esq. is an attorney in Los Angeles with a private practice in International Trademark, Copyright, and Right of Publicity litigation and licensing representing innovative artists, entrepreneurs, and content creators including visual artists, photographers, writers, software developers, and filmmakers both in the United States and abroad. Heather is admitted to practice in United States District Courts of California and the United States Court of Appeal, Federal Circuit. She is also a passion-project documentary filmmaker herself and assists other documentary filmmakers with legal issues pertaining to fundraising, development (including Fair Use analyses), and production . She has a BA in History and French from Baylor University, a certificat d'études françaises from the University of Paris IV (Sorbonne), and a JD from McGeorge School of Law with concentrations in Intellectual Property and International Law.

Joe Moschella, SVP / Head of Business and Legal Affairs, heads up Jukin Media’s legal matters, business deals, and corporate operational issues. He is a former general counsel to a children’s electronics manufacturer and media company, former counsel to a theatrical distribution company, and has a history of working with high-growth enterprises to maximize value and minimize risk. He has a BA in Political Science and a JD from the University of Wisconsin-Madison, and an MBA from Cornell University’s Johnson School, where he was a Park Fellow. 

Galen D’Attilio is the Global Multi-Channel Network Business Development rep at Dailymotion, a video platform with influencer, publisher, video tech, and content hosting solutions. He comes from Emerson and a masters from University of Iowa’s Tippie School with 10 years of digital media experience working for the likes of Sony Pictures, JibJab, MTV, IGN, and Maker Studios. He has managed video ad products for, and executed OTT distribution agreements with companies from platforms like Xbox, Hulu and YouTube to publishers like CBS Interactive, Red Bull Media House, and Jukin.”

Joanna Chen, Esq. is an intellectual property attorney at the law firm Cislo & Thomas LLP, where she practices and specializes in prosecution and litigation of trademarks and patents, as well as clearance and licensing matters for trademark, copyright, and other intellectual property and entertainment-related claims. Joanna received her B.S. in Bioengineering from the University of California, Berkeley in 2011 and her J.D. from Loyola Law School with a concentration in Intellectual Property Law and a sub-concentration in Patent & Technology in 2014.

Steven Kozak is Director of Research & Clearances at “Jimmy Kimmel Live” and has been a top clip producer for over twenty years. He began at Paramount TV -- three years as an assignment editor (“Hard Copy”), and four years as a domestic news Editor (“Real TV”). In 2000, he started at “Whose Line is it Anyway”, where he spent three seasons before going to “The Tonight Show with Jay Leno”, where he spent the next ten years running their clip department, as well as acquiring/clearing content for Donny & Marie’s live revue. Since joining Kimmel in 2014, he has launched AMCUP, a third-party content association with over 300 members worldwide.

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