Indiana University Bloomington

Leveraging Creativity: Conference Summary

Leveraging Creativity: Artists, Entrepreneurship, and Intellectual Property Law

Friday, MAY 16 – 2014


8:30am to 9:45am – Panel #1:

Performances, Performers, and the New World of Music Licensing

Moderator:  Marshall Leaffer, Indiana University Maurer School of Law

Lydia Loren, Lewis and Clark Law School

     The New Age of New Media Music Licensing

John Simson, American University Kogod School of Business and Practitioner, Lommen Abdo

     The 9 Billion Dollar Disaster: How the U.S. Recording Industry Lost a Fortune for the Lack of Performance Rights in Master Recordings

Daniel J. Gervais, Vanderbilt Law School

     Performers Rights in Comparative Perspective

Mary LaFrance, University of Nevada, Las Vegas School of Law

     Performers as Authors?


10:15am to 11:30am – Panel #2:

Artists, Artistic Taste, and Artistic Movements

Moderator:  Jason Du Mont, Indiana University Maurer School of Law

Roberta R. Kwall, DePaul University College of Law

     Living Gardens, Living Art and Living Tradition

Elizabeth Townsend Gard, Tulane University Law School

     Copyright Term and the Artist

Christine Farley, American University Washington College of Law

     No Comment: Will Prince v. Cariou Alter Copyright Judges’ Taste in Art?

Olufunmilayo “Funmi” Arewa, University of California, Irvine

     Transformation, Innovation and Formalization: Copyright and Routinization of Artistic Movements


11:30am to 1:00pm – Lunch and Keynote Address

Marybeth Peters, Practitioner, Oblon Spivak and ex-Register of Copyrights

     Copyright Law and the Challenges Ahead


1:15pm to 2:30pm – Panel #3:

Differential Treatment of Music and Sound Recordings /Developing Issues in Terminations of Transfers

Moderator:  Daniel Boots, Bingham Greenebaum Doll LLP

Michael B. Landau, Georgia State University College of Law

     Are the Courts and Congress Singing A Different Tune When It Comes to Music?

June Besek, Columbia Law School

     Pre-1972 Sound Recordings:  Why Does the Law Treat Them Differently?

Robert S. Meitus, Indiana University Maurer School of Law and Practitioner, Meitus Gelbert Rose LLP

     Section 203 Copyright Terminations:  Practical  Considerations in the Music Business 

R. Anthony Reese, University of California, Irvine

     Be Careful Where You Live When You Die: Termination of Copyright Transfers and Marriage Inequality


2:45pm to 4:00pm – Panel #4:

Substantial Similarity, Fair Use, and Cultural Exchanges in Popular Music

Moderator:  Brad Maurer, Faegre Baker Daniels

 Jessica Litman, University of Michigan Law School

      Silent Similarity

Mark E. Avsec, Practitioner, Benesch, Friedlander, Coplan & Aronoff

     Mashups, Infringement, and Fair Use

Michael W. Carroll, American University Washington College of Law

     Uptempo Fair Use: Applying Fundamental Principles in a Rapidly Evolving Musical Environment

Arpan Banerjee, Jindal Global Law School, India

     East-West Encounters in Popular Music:  From “Raga Rock” to “Raga-Rap”


* All sessions of the academic conference were held in the Auditorium at the Indiana State Museum with the exception of the lunch keynote, which took place next door in the Eiteljorg Museum.

** For information on Day #1 of the conference (the Workshop for Artists held May 15) please visit the Indiana Arts Commission’s website here.