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Digital Hollywood, May 4-7, 2009 Tuesday, May 5th Special Workshops 2:15 PM 3:30 PM
Workshop A: The Entertainment and Media Legal Issues
DRM 101 The Content Rights - Digital Rights Primer: Rights Management Rights Holder Issues The Content vs. Technology Collision While "Content is King," it is also under continual attack and strain within the exploding multi-platform universe. As we move further into a world of mobile, broadband, DVD, cable, satellite and telco, information on demand and interactive advertising, keeping track of, evaluating or finally licensing or reaching agreement on how rights are to be assigned and revenue shared is not only challenging, it is a thorny and time consuming problem. In this session, we bring together experts who are intimately involved in the day to day issues addressing the rightsholder dilemma. We live in a world of extremes, from those that represent the disruptive technologies who at the least threaten or confound the rightsholder to the content owner, creator or producer who are trying to come to grips with their options and responsibilities. Dr. Jian Zhao, CTO, Thomson STS Richard Berger, Senior Vice President of New Media and Technology, Sony Pictures Entertainment, Inc. Jon Baumgarten, Partner, Proskauer Rose Ton Kalker, Distinguished Technologist, Hewlett-Packard James M. Burger, Attorney at Law, Dow Lohnes, Moderator
Richard Berger, Senior Vice President of New Media and Technology, Sony Pictures Entertainment, Inc.: Richard Berger is the SVP of New Media and Technology for Sony Pictures Entertainment Inc. Mr. Berger is responsible for developing digital strategy and policies across all Sony Pictures digital businesses. His focus is on exploring emerging and disruptive technologies that create and enable new digital business opportunities. Additionally, he is responsible for developing new content usage models that enable consumers to access content across a network of connected devices. He also represents SPE in forums and industry efforts to expand the digital marketplace and is a member of the SPE cross-company anti-piracy team. Berger previously worked in the Sony Digital Entertainment department and the office of the CTO at Sony Corporation of America (SCA), where he was responsible for digital media strategy and anti-piracy efforts. He also worked in SCAs Broadband Services Company and Sony Music Entertainments New Media Department. Before joining Sony, Berger worked in the Interactive Multimedia Practice at Anderson Consulting (now Accenture) and at Bell Communications Research. He has a Masters Degree in Interactive Telecommunications from NYUs Tisch Graduate School of the Arts and a BA in Computer Science from Rutgers College.
Jon Baumgarten is a Proskauer Rose LLP partner, resident in the firm's Washington, D.C. office. (He is also regularly available in the Firm's offices in New York City, California, Boston, Florida and Europe.) He is a graduate of the New York University School of Law, where he was an Executive Editor of the New York University Law Review. Jon is widely recognized as one of the country's leading domestic and international intellectual property lawyers, with particular emphasis in copyright matters. He has been named in such peer selections as the publications, Best Lawyers in America, International Who's Who of Internet and E-Commerce Lawyers and of Business Lawyers, Chambers' Leading Business Lawyers and a periodical article "Best Lawyers in Washington." Jon substantively anchored the firm's trial and appellate teams in a number of successful, precedent-setting intellectual property cases under the Copyright Act and Digital Millennium Copyright Amendments ("DMCA"), including Texaco (corporate photocopying); Kinkos (unauthorized coursepacks); Michigan Document Supply (same; en banc); Jurisline (database protection and contract preemption) Corely/Reimerdes (DVD decryption; DMCA); Silvers (en banc; standing); and others successfully argued for the Copyright Office and Government major cases of copyright doctrine (Eltra; Esquire); and has been instrumental in other such actions as Napster (file sharing), ICrave (cross border transmission) and Lexmark (DMCA). In recent years, Jon has also regularly counseled and led teams of businesspersons and technologists in the development and formulation of cross-industry technical standards and DRM solutions for content protection. From his admission to the Bar in 1968 until January 1976, and since 1979, Jon has engaged in private practice, with emphasis on domestic and international copyright, licensing, litigation and related matters pertaining to the publishing, computer, motion picture, television, music and recording, communications, arts and Internet communities. From January 1976 through 1979, Jon served as General Counsel of the United States Copyright Office. During this period, he was a leading participant in the formulation of the new Copyright Act, was responsible for rulemaking and the thorough overhaul of Copyright Office regulations and practices under the new law, represented the Copyright Office before courts and Congressional committees, and represented the United States Government in international copyright conferences. Jon is the author of numerous articles and a book on international copyright, and has lectured on copyright at numerous scholarly, professional and industry seminars and programs in the United States and abroad. Jon serves on several Bar Association committees on copyright and is past Chair of several of them. Jon has also served as a member of the National Advisory Committee to the United States Copyright Office, the International Copyright Panel of the Advisory Committee to the Department of State on International Intellectual Property, and the Ad Hoc Working Group on Adherence to the Berne Convention. He was a founding director of the American Copyright Council, the Computer Law Association, the D.C. Computer Law Forum and Washington Area Lawyers for the Arts.
Ton Kalker, Distinguished Technologist, Hewlett-Packard: Ton Kalker received the Ph.D. degree in mathematics from the Rijksuniversiteit Leiden, The Netherlands, in 1986. From 1986 to 2004 he was with Philips Research, Eindhoven, The Netherlands, working on formal verification of VLSI design (1986 - 1991), video and image coding (1992 - 1995), watermarking (1996 -2000) and robust hashing (2001 - 2004). In 1994 he was a visitor scholar at the University of California Berkeley. From 1999 to 2005 he was was part-time faculty at the University of Eindhoven, teaching 'signal processing for data protection'. He was elected Fellow of IEEE in 2001 for his contributions to practical applications of watermarking. In 2004 he joined Hewlett-Packard Laboratories as a Distinguished Technologist, focusing on media security, interoperability of DRM system in particular. His interests include signal and image processing, biometrics, watermarking, robust hashing, cryptography, fingerprinting and tracing, processing in encrypted domains, and Digital Rights Management. He was instrumental in the creation of the Content Identification business unit of Philips Electronics, successful in commercializing watermarking and other identification technologies. He is currently one of the lead architects of the Coral consortium on DRM interoperability. Ton Kalker is an active member of academic community, in particular IEEE Signal Processing, IEEE Information Theory, SPIE Electronic Imaging and AES. He has served on multiple Ph.D. thesis committees, and he is a frequently invited speaker at conferences and panels on issues of multimedia security. He serves on multiple conference program committees, and has been co-chair of the International Workshop on Digital Watermarking (IWDW). He has been associate editor of IEEE T-MM, and is reviewer for T-SP, T-IP, T-MM and T-IT. He has been a member of the IMDSP TC and chair of the IFS TC. He has(co-)authored more than 180 journal and conference submissions, as well as 30 patents and 39 patent applications. Ton Kalker is one of the co-founders of the IEEE Transactions on Information Forensics, for which he currently serves as an associate editor. He served as the first Chair of the IEEE Technical Committee of Information Forensics and Security. He is on the scientific advisory board of the European projects ECRYPT and SPEED.
James M. Burger, Attorney at Law, Dow Lohnes: specializing in representation of technology companies on intellectual property, communications and government policy matters. Mr. Burger joined the firm's Media, Information and Technologies group in January, 1997. Prior to that, Mr. Burger was a Senior Director in Apple Computer's Law Department. During the nine years he was at Apple, Mr. Burger had a variety of assignments, including representing Apple's Advanced Technology Group, USA Field Sales organizations, and World-Wide Operations and Manufacturing, as well as General Counsel for Europe and Latin America and responsible for world wide government affairs. In addition, from 1991 until 1996, he was Chair of the Information Technology Industry Council's Proprietary Rights Committee. Mr. Burger has worked extensively on legal and policy issues arising from the confluence of digital technology, intellectual property protection and government regulation, particularly as affecting the Internet. Mr. Burger has participated in resolving such complex issues as DVD copy protection and digital download of music - representing the Computer Industry Group in negotiations developing the DVD Content Scrambling System copy protection rules as well as the Secure Digital Music Initiative. In addition, he has been engaged in such matters as the efforts to amend copyright law from leading the negotiations to exclude the computer industry from the Audio Home Recording Act, to avoid passage of the Digital Video Recording Act and to accommodate the protection of intellectual property on the Internet as well as the efforts to change the encryption export rules to protect digital communications. A native of New York City, he received his Bachelors (with Honors), Masters and Law (cum laude) degrees from New York University School of Law, where he served as an editor of the NYU Law Journal. For seven years, he was an adjunct professor at University of Virginia Law School, where he taught Advanced Administrative law.