Lectures & Events

 
March 2017
Friday
3
March
2017
Tinkham Veale University Center
8:30 AM - 5:00 PM
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Monday
6
March
2017
Moot Courtroom (A59)
4:30 PM - 5:30 PM
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Speaker: Elisabeth Rosenthal, Columnist, The New York Times
1 hour of in-person CLE credit, pending approval  |  Webcast live
Thursday
9
March
2017
Moot Courtroom (A59)
4:30 PM - 5:30 PM
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Speaker: Michael H. Posner, Jerome Kohlberg Professor Ethics and Finance, Professor Business and Society, Center for Business and Human Rights, NYU Stern School of Business
1 hour of in-person CLE credit, pending approval  |  Webcast live
Wednesday
22
March
2017
The City Club of Cleveland
8:30 AM - 9:30 AM
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Speaker: Juliet P. Kostritsky, Everett D. & Eugenia S. McCurdy Professor of Contract Law
1 hour of in-person CLE credit, pending approval  |  Webcast live
April 2017
Friday
7
April
2017
Glidden House
8:00 AM - 5:00 PM
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COSE Arts Network Forum: Intellectual Property and the Arts
Sponsor
Center for Law, Technology and the Arts
Co-sponsored by
COSE (Council of Smaller Enterprises) Arts Network (*note COSE ticket price at bottom of the page)
SEP 2, 2009
6:00 PM - 9:00 PM
Location
Moot Courtroom (A59)
This seminar will feature a multimedia presentation by independent musician, arts activist and “citizen lobbyist” Mark Hosler from Ashville, North Carolina.
For the past 29 years Mr. Hosler and his band Negativland have been creating records, CDs, video, fine art, books, radio and live performance using appropriated sound, image and text. Mixing original materials and original music with things taken from corporately owned mass culture and the world around them, Negativland re-arranges these found bits and pieces to make them say and suggest things that they never intended to. In doing this kind of cultural archaeology and "culture jamming" (a term they coined in 1984), Negativland have been sued twice for copyright infringement. Mr. Hosler has also acted as a “citizen lobbyist” on Capitol Hill, and worked closely with Creative Commons to create one of their intellectual property licenses, Sampling Plus

Mr. Hosler will present approximately an hour surrounding his views and experiences on intellectual property issues in art and music, transformative art, and his legal battles to protect his rights as an artist under fair use. He will discuss Creative Commons as an alternative to the current copyright and licensing systems. Creative Commons promotes a richer and larger public domain by providing an alternative to the automatic "all rights reserved" copyright that currently exists.

Mr. Hosler’s presentation will then be analyzed and discussed for approximately one and one half hours by Peter Friedman and Sharon Toerek, giving two legal points of view on many of the same issues surrounding IP and the arts. Mr. Friedman and Ms. Toerek will compare the Creative Commons model to the traditional copyright and licensing models and discuss its pros and cons in today's information age. They will discuss legal challenges to Creative Commons licenses and analyze their enforceability under the copyright laws of the United States and other countries. Ms. Toerek will speak specifically to how she counsels her own clients on IP and copyright issues, and her advice as to how to avoid some of the issues Mr. Hosler has faced in his arts career.

Mr. Friedman, in contrast to Ms. Toerek’s approach to counseling, will focus more on the ways new technologies are stretching existing copyright law (founded upon a different technological base) and the ways the courts and legislature have and have not found ways of dealing with these tensions. Mr. Friedman will also present a pro-artist viewpoint, but balanced with the legal reality. His topics will include
• Copyright and fair use in the age of digital information
• Remix and collage (the transformative use of copyrighted materials)
• The relationship between the evolution of law and the evolution of the material circumstances that give rise to the law.

Considering the revolution in information technology we are living through, it is clear there is a corresponding revolution going on in law practice regarding intellectual property. The current legal battles and the diverse points of view being expressed in all media make clear that any consensus on the outcome of this revolution lies far in the future. Accordingly, familiarity with this diversity is critical to lawyers practicing in intellectual property and in fact will likely affect many other areas of law.
Speaker Information
Mark HoslerMark Hosler
Independent Artist/Musician/Arts Activitist
Member of the band Negativland, Asheville, North Carolina


For the past 29 years Mr. Hosler and his band Negativland have been creating records, CDs, video, fine art, books, radio and live performance using appropriated sound, image and text. Mixing original materials and original music with things taken from corporately owned mass culture and the world around them, Negativland re-arranges these found bits and pieces to make them say and suggest things that they never intended to. In doing this kind of cultural archaeology and "culture jamming" (a term they coined in 1984), Negativland have been sued twice for copyright infringement. Mr. Hosler has also acted as a “citizen lobbyist” on Capitol Hill, and worked closely with Creative Commons to create one of their intellectual property licenses, Sampling Plus.

Peter FriedmanPeter Friedman
Visiting Professor
University of Detroit Mercy School of Law


Peter Friedman, a Cleveland native, graduated from Brown University with an A.B. in Latin and Ancient Greek in 1981 and from the University of Michigan Law School with a J.D. in 1984. After over 11 years of practice as a commercial litigator in New York City (most recently as a partner in the New York office of Akin Gump Hauer & Feld LLP), he joined the Case Western Reserve University faculty in January 1996. At Case Western, Peter has taught primarily Legal Analysis & Writing, a number of different courses in civil litigation practice, and Contracts in the school's LL.M. program in International Legal Studies. During the 2008-09 and 2009-10 academic years, Peter has been and is an Assistant Visiting Professor at the University of Detroit Mercy Law School and the University of Windsor. He also teaches annually at the Universiteit van Amsterdam. Peter has blogged regularly since 2003, and since 2008 he has focused his online writing on issues pertaining to law and creativity, including issues pertaining to copyright and fair use.

Sharon ToerekSharon L. Toerek
Licata and Toerek

Sharon L. Toerek focuses her legal practice at Licata & Toerek on intellectual property law, advising clients on trademark, copyright, trade secret, non-competition, and other intellectual property and business law issues.

Toerek has a particular concentration of clients in the advertising, marketing and creative services industries, and she provides legal counsel on legal issues faced by those industries including copyright and content protection, licensing of creative content, trademark and brand protection matters, agency service contracts, advertising compliance, and direct marketing regulations.

In the industry, Toerek is a recognized author and educator in her areas of expertise to numerous advertising and communications industries organizations, advertising agencies, and in-house marketing teams, and has created and presented numerous training sessions to industry professionals that enable them to recognize legal issues and protect their valuable work and rights.

Toerek has chaired the Intellectual Property Section of the Cleveland Bar Association, and has conducted numerous presentations on intellectual property law topics before the Cleveland Bar Asssociation, American Advertising Federation (AAF) Cleveland, the Independent Practitioner’s Group, the American Society for Training and Development (ASTD) Akron, the National Association of Women Business Owners (NAWBO) Cleveland, and the Greater Cleveland Partnership’s Council of Small Enterprises (COSE).

In her community, Toerek serves on the Board of Directors of the Greater Cleveland Partnership's Council of Small Enterprises (COSE), as Secretary/Treasurer and Chair of Government Relations of the American Advertising Federation (AAF) Cleveland, and as Legal Advisor to Northeast Ohio Communications Affiliates (NOCA), an umbrella organization for Northeast Ohio's professional communications organizations.

Licata & Toerek is a full service law firm in Northeast Ohio, providing legal counsel to entrepreneurial companies and their leaders
Additional Information
EVENT TAKES PLACE in Aitken Auditorium, Cleveland Institute of Art, 11141 East Blvd. (next to the law school)

Open to the public. COSE is charging for this event: $5 COSE members, $15 nonmembers.

As a courtesy, the School of Law is making 1.5 hours of free CLE credit available to lawyers who attend.

Please note - Recording in any form is prohibited.

Supplemental Readings:
· Agenda-Speaker Bios
· Copyright in the Digital World
· What is Fair Use?
· Trademark & Copyright Law for Advert-Communications

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