All for One, One for All: The Future of Collective Management in Copyright
Lucie Guibault is professor of intellectual property law and associate director of the Law and Technology Institute at the Schulich School of Law, Dalhousie University in Halifax, Canada. She joined the Schulich School of Law in July 2017, after spending twenty years at the Institute for Information Law of the University of Amsterdam. She studied civil law at the Université de Montréal (LLB and LLM) and received in 2002 her doctorate from the University of Amsterdam. Lucie Guibault is specialized in international and comparative intellectual property law. Over the years, she has carried out research for the European Commission, Dutch and Canadian ministries, UNESCO, WIPO and the Council of Europe. Her general research interests revolve around the critical and normative analysis of the copyright system, primarily looking at the impact of technological change on the balance of interests between rights owners and users. She has countless publications on topics relating to copyright and related rights in the information society, open content licensing, collective rights management, limitations and exceptions in copyright, and author’s contract law.
Marc D. Ostrow is a Senior Counsel with Romano Law PLLC, focusing in the areas of copyright and entertainment law, with a particular emphasis in the music business. He represents composers, songwriters, recording artists, labels, music publishers as well as other creators and licensors of intellectual property. Since 2017 Marc has been an Adjunct Professor at Cardozo Law School where he teaches music law. From 2006-2008, Marc was the General Manager of the New York office of classical music publisher, Boosey & Hawkes. Prior to joining Boosey in 2004 as Vice President, Business Affairs, Marc was a Senior Attorney at BMI and from 1995 until joining BMI in 1998, he was the General Counsel of Second Floor Music, a boutique music publisher specializing in jazz. Marc is a graduate of the University of Pennsylvania and the University of Chicago Law School. He has served as on the board of the New York Chapter of the Association of Independent Music Publishers and as a Trustee of the Copyright Society. He frequently speaks at various industry forums and educational institutions and writes frequently on music and copyright issues. Marc is also a performing songwriter and composer.
Kathleen Simmons practices copyright, broadcasting, and corporate/commercial law at a boutique law firm in Ottawa, which she founded together with her partner Gabriel van Loon. In her copyright practice, Kathleen primarily acts on behalf of broadcasting and media companies engaged in administrative proceedings and commercial matters involving complex issues of copyright law including the use of music and audiovisual works in a variety of public settings and on a variety of distribution platforms. Kathleen is also experienced in research, strategic planning and lobbying on a variety of other copyright issues, including neighbouring rights, retransmission, digital rights management, and user rights. Kathleen received her LL.B. from the University of Ottawa, Faculty of Law in 2007, where she specialized in technology law and copyright, and was called to the Ontario Bar in 2008.
Veronica Syrtash is the Senior Vice-President of Business Affairs and Corporate Development at the Canadian Musical Reproduction Rights Agency, a SoundExchange company, where she manages the agency’s legal and business affairs, supervises rate-setting negotiations and proceedings, and plays a key role in helping to shape the agency’s strategic growth and development. Since joining CMRRA in 1999, Veronica has become a leading and respected voice in the industry while overseeing the agency’s legal, business and policy objectives. She has secured licensing deals in Canada with online music services including Apple, Google, and Spotify, among others, as well as industry-wide negotiations with major and independent record labels as well as terrestrial and satellite broadcasters. She received her B.A. (Hons) from Queen’s University, her LL.B. from the University of Western Ontario, and her LL.M. from Osgoode Hall Law School, with a specialization in intellectual property law. She is called to the Ontario bar.
A partner in Gowling WLG's Ottawa office, Stephane Caron specializes in intellectual property protection and litigation, with a focus on copyright, trademarks and personality rights. Stephane provides strategic advice on contentious and non-contentious matters to a broad range of clients from entertainment companies and software businesses to airlines, fashion designers, and manufacturers of motor vehicles, clothing and other consumer goods. He also regularly advises public sector and not-for-profit organizations, including government departments, crown corporations and professional associations. He has represented clients before the Federal Court of Canada, the Federal Court of Appeal, and the Supreme Court of Canada. A former chair of the firm's Copyright National Practice Group, Stephane has extensive experience in advising clients on copyright policy and related regulatory issues. Stephane taught copyright law as an adjunct professor at the University of Ottawa from 1998 to 2018 and continues to speak on developments in copyright, trademarks and privacy law.
The Copyright Society is an Accredited Continuing Legal Education Provider in Pennsylvania, New York and California. Instructions for verifying attendance will be emailed to registrants prior to the program.
Ontario: 1.0 substantive credit hours / Ontario Attorneys must self-report substantive credit hours.
California: 1.0 participatory credit
New York: 1.0 Areas of Professional Practice / This intermediate program is transitional and appropriate for both newly admitted and experienced attorneys.
Pennsylvania: 1.0 general credit
Student Members: Free
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ABOUT THE PROGRAM:
Our panelists will address the future of collective management in the digital age in the context of developments in Canada, the United States and other jurisdictions. After almost a century of relative stability, Canada’s system of collectively managing copyright has experienced a shake-up in recent years. Changes to the Copyright Act no longer require tariffs to be filed for the public performance of musical works, opening up the option of either proposing tariffs of general application or entering into direct licensing agreements with users or groups of users, while the Supreme Court of Canada has held that an approved tariff is not necessarily binding on a user. In the United States, the Music Modernization Act points to a move in a different direction with the creation of a new agency that would establish blanket royalty rates used to pay the composers and lyricists for the use of musical works by streaming services.