Beg, Borrow, or Steal: Art and Copyright Law
With so much effort spent to protect creative works from infringement, the role of existing works in the creation of new ones is often overlooked. As a result, artists typically face significant challenges when attempting to access and use existing works to create new, derivative works. Explore the tension between an artist's right to control access to use and present her work on the one hand; and other artists' freedom to remix, sample, parody and otherwise transform existing content on the other. What is the proper balance for encouraging creation? And whose creation are we encouraging? What makes a work “original”?
Information Society Project at Yale Law School
Margot E. Kaminski is the Executive Director of the Information Society Project, and a Lecturer in Law at Yale Law School. She is a graduate of Harvard University and Yale Law School and a former fellow of the Information Society Project. While at Yale Law School, she co-founded of the Media Freedom and Information Access Practicum. Following graduation from Yale Law School, she clerked for The Honorable Andrew J. Kleinfeld of the Ninth Circuit Court of Appeals. She has been a Radcliffe Research Fellow at Harvard and a Google Policy Fellow at the Electronic Frontier Foundation. Her research and advocacy work focuses on media freedom, online civil liberties, data mining, and surveillance issues. She has written widely on law and technology issues for law journals and the popular press and has drawn public attention to the civil liberties issues surrounding the Anti-Counterfeiting Trade Agreement.
Visiting Assoc Professor
George Washington University Law School
B.A., Columbia University; J.D., Yale University
Professor García is a Visiting Associate Professor and the Frank H. Marks Fellow in Intellectual Property at George Washington University Law School. Her research is focused on the intersection of law and technology, especially as pertains to digital music and copyright.
Before coming to GW Law, Professor García worked in the music industry in Los Angeles; first at Quinn Emanuel where she served as outside counsel to Napster, then as Director of Business Development in charge of content licensing at MySpace Music, and most recently in digital strategy as Director at Universal Music Group. Prior to her work in music, Professor García was an Associate at Wachtell, Lipton, Rosen & Katz in New York.
Professor García graduated cum laude from Columbia University, where she received a B.A. in Economics and was the recipient of both a Kluge Scholarship and the King’s Crown Award for leadership in public service. Professor García attended Yale Law School, where she served as Editor-in-Chief of the Yale Journal for Law & Technology and was a co-founder of Yale Law School’s Student Animal Legal Defense Fund.
Rio De Janeiro Institute For Technology And Society (ITS)
Carlos Affonso Souza is a Director of the Rio de Janeiro Institute for Technology & Society (ITS). He teaches on Intellectual Property, Law & ICTs, Contracts and Torts at the Rio de Janeiro State University (UERJ), where he obtained his Master and Doctorate degree. Carlos is a member of the Copyright Commission of the Brazilian Bar Association (Rio de Janeiro section). He is currently involved in the creation of a Civil Rights Framework for the Internet in Brazil ("Marco Civil da Internet") and in the Brazilian Copyright Law reform. Carlos is a policy fellow at Access and a consulting partner at Chediak Advogados.