Leading US copyright experts debate “Fair Use” at Charles Clark Memorial Lecture

Leading US copyright experts debate “Fair Use” at Charles Clark Memorial Lecture

London, 7 February 2017: Delegates at The London Book Fair will in 2017 hear two eminent copyright law specialists debate one of the most controversial areas of international copyright law – the doctrine of Fair Use.

Judge Pierre Leval of the United States Court of Appeals for the Second Circuit, has been a major architect of the Fair Use doctrine in the United States, most recently as the author of the Google Books decisions. Intellectual property lawyer and former General Counsel for the US Copyright Office Jon Baumgarten has litigated precedent-setting Fair Use cases and advocates a more narrow interpretation of the doctrine as applied in those cases.

At a time when a number of countries are reviewing their copyright laws and in some cases considering the introduction of US-style Fair Use, this highly topical debate will analyse its development, internationally and across formats, and examine arguments in favour of and against the expansion of Fair Use.

The debate, the first ever of this format in the Charles Clark lecture series, will be moderated by Peter Day who has over 40 years of experience in broadcasting and reporting on business issues for the BBC.

The Charles Clark Lecture has come to be the leading copyright event at The London Book Fair, having been founded by representative organisations from across the publishing industry; the Publishers Association (PA), the Federation of European Publishers (FEP), and the Publishers Licensing Society (PLS). This year’s event attracts additional support from the Association of American Publishers (AAP), the Copyright Clearance Center (CCC), the International Publishers Association (IPA), the Copyright Licensing Agency (CLA) and the International Federation of Reprographic Rights Organisations (IFRRO) as well as sponsorship from leading law firms specialising in IP – Harbottle & Lewis, Proskauer, Taylor Wessing, Wiggin, and publishers Elsevier and Pearson.

The event will bring together seasoned copyright academics and practitioners, publishing professionals, rights managers, authors, artists, professionals from the wider creative industries and those with an interest in the future of copyright in the content business.

The lecture will take place during The London Book Fair on Wednesday 15 March from 4.00pm-6.30pm in the Conference Centre at Olympia.

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The London Book Fair (LBF)

The London Book Fair (LBF) is the global marketplace for rights negotiation and the sale and distribution of content across print, audio, TV, film and digital channels. Taking place every spring in the world’s premier publishing and cultural capital, it is a unique opportunity to explore, understand and capitalise on the innovations shaping the publishing world of the future. LBF brings you direct access to customers, content and emerging markets. LBF 2017, the 46th Fair, will take place from 14 – 16 March 2017, Olympia London. LBF’s London Book and Screen Week will run for the third year, with the book fair as the pivotal three-day event within a seven day programme. London Book and Screen Week will begin on Monday 13 March. For further information, please visit www.londonbookfair.co.uk.

  1. Judge Pierre Leval has had a major influence on the development of the Fair Use doctrine in the United States. Having served in the U.S. courts for nearly forty years, he has made a specialty of copyright matters and has authored numerous law review articles and decisions in important fair use cases, involving the writings of J.D. Salinger, L. Ron Hubbard, and Igor Stravinsky, the photocopying of scientific articles by petroleum industry scientists, and, most recently, Google’s digitization of millions of books. His 1990 Harvard Law Review article, “Toward a Fair Use Standard” has been widely followed in the United States courts.  He has served on the U.S. Court of Appeals for the Second Circuit since 1993, and formerly was a judge of the U.S. District Court for the Southern District of New York.   Before joining the bench in 1977, he worked at the District Attorney’s Office of New York County and in private practice at Cleary Gottlieb Steen & Hamilton. Judge Leval has published and lectured on copyright, intellectual property and free speech issues.
  2. Jon Baumgarten is broadly recognised as one of the leading domestic and international intellectual property lawyers in the United States, with particular emphasis on copyright matters. During his 30 year career at Proskauer Rose LLP, he was a leading figure in the evolution of copyright law related to new technologies, including successfully arguing landmark cases on behalf of the copyright owners and creators. These include the groundbreaking victories for publishers in the Texaco, Kinkos, and Michigan Document Services cases. Prior to joining Proskauer, Mr Baumgarten served as General Counsel of the U.S. Copyright Office and was instrumental in the creation and administrative implementation of the Copyright Act of 1976, which completely overhauled the U.S. Copyright Law and the agency’s regulations and practices and in the United States’ then emergent leadership in international copyright, and successfully argued on behalf of the government in leading copyright cases.  Among other representations, for many years Jon was Copyright and Litigation Counsel to the Association of American Publishers and worked closely with the International Publishers Association, International STM, and the PA on multinational copyright matters.
  3. Peter Day was educated at Lincoln School and St Edmund Hall, Oxford. He worked for BBC Radio for more than 40 years from 1974. He specialised in reporting on business for Radio 4 programmes such as Today, the Financial World Tonight, In Business and Global Business for the BBC World Service. In 2009 he was awarded an honorary DBA from the University of Lincoln.
  4. The Charles Clark Memorial Lecture focuses on key developments in the world of copyright. It has been running since 2008 and is a major keynote event at The London Book Fair. The annual lecture is held to celebrate the achievements of Charles Clark (1933 – 2006), the British publisher who was an authority on copyright. Initially trained as a lawyer, Clark built a reputation as a champion of the rights of authors and publishers at a time of great change in the industry.
  5. Past speakers include: Professor Michael Fraser, Professor of Law at the University of Technology, Sydney; Professor Lionel Bently, Herchel Smith Professor of Intellectual Property, University of Cambridge; Shira Perlmutter, Chief Policy Officer, US Patent and Trademark Office; Richard Hooper CBE, Author of ‘Copyright Works’ and lead on the Government’s Copyright Hub;  Maria Martin-Prat, Head of Copyright, European Commission; Dr Francis Gurry, Director General, UN World Intellectual Property Organisation (WIPO); Mary Beth Peters, Registrar of Copyright, USA and Jukka Liedes, Chairman of the Standing Committee on Copyright, WIPO.

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