As media giants wage a piracy war, “infringement” is not the real issue, but rather “predictability” as to what makes a digital content delivery business model lawful. Indeed, the recent Viacom v. Google decision is on many levels a conflicting retread of the Grokster ruling, making it more apparent than ever that courts have failed to provide consistent parameters. To truly make digital content delivery a viable industry in the long run (for content creators and new marketplace entrants), a coherent framework governing how third party content may be exploited must be devised. In other words, digital content delivery players need clear and reliable guidelines to assess whether their business model is permissible or not. This panel will deconstruct the latest line of cases in order to outline the framework upon which new business models can be built. To do so, panelists will look at the Grokster and Viacom cases, and compare them to other decisions that could impact the structure of any such business model. The panel will examine what constitutes the “inducement” of copyright infringement, and will parse out still uncertain areas of the law from those that are well established. Based upon those preliminary conclusions, panelists will establish basic principles upon which any new business model needs to be built while looking forward to new technological development.
Jeff runs marketing and digital at Jive Records whose roster includes Justin Timberlake, Britney Spears, P!nk, Usher, Cage The Elephant, Bullet For My Valentine, Sia, Outkast and many others. Over the last decade, he's overseen Jive's transition from a traditional recorded music company to a music based media company and supervises a team that develops broad, integrated digital, mobile and in-market campaigns for Jive's artists. He has a BA in Architecture and a law degree, and lives with his wife, two kids, dog, cat, fish and drum set north of NYC.
Kaiser Wahab is a partner at the law firm of Wahab and Medenica LLC. A graduate of Cornell University and Columbia Law School, he has assisted entrepreneurs and multi-national companies to manage their business operations. Beginning his career with Pryor Cashman, Sherman & Flynn LLP, he later joined Day Pitney LLP, where he handled licensing, trademark/copyright, and contractual issues for companies like Microsoft and UTC. In addition, he clerked at the US Court of International Trade. He is published in the Cardozo Arts & Entertainment Journal and his firm has participated in a variety of panels including the School of Visual Arts and Harvard Law School. He currently is the chair of the Corporate Law Committee at the NY County Lawyers Association and sits on the advisory board for Heart Gallery NYC, a non profit devoted to placing foster children with families.
Olivera Medenica, Co-founder & Partner at Manhattan-based law firm Wahab & Medenica, is a graduate of Manhattan School of Music and Brooklyn Law School. She practices primarily in Business Law, Intellectual Property and Entertainment law. She published in the field of intellectual property and international law and was appointed an adjunct faculty member of Brooklyn Law School (2003-2006) and the World Trade Institute at Pace University (2005). She lectured in a variety of venues including the New York County Lawyers’ Association, New York City Bar, Manhattan School of Music, the School of Visual Arts and at Wikimania 2006 held at Harvard Law School. She also serves on the board of New York County Lawyers’ Association.
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