X v. Bright Data Web scraping preempted by the Copyright Act

Session I – Foundations of Copyright: Essential knowledge for today's legal practice – Courtney Sarnow

Copyright Law has expanded in scope and relevance over the past several years, and the addition of AI to the Copyright realm has recently launched Copyrights straight into the headlines. In order to really understand any of the new developments in this area of Intellectual Property, you need to understand the basics of copyright. Your clients are reading about it; even if your practice never includes Intellectual Property, it is smart to be conversant in the issues in today’s legal climate.

This presentation will provide exactly that: an understanding of the foundational elements of Copyright Law and a brief discussion of how they underlie the issues in the headlines.

Key Topics

• What Copyright Is…and Isn’t
• Infringement and Enforcement of Protected Rights
• Derivative Rights and Fair Use
• Copyright Law’s Relationship with Technology – from Piano Rolls to Artificial Intelligence

Session II - Copyright Preemption Expansion: The blockbuster X v. Bright Data - Jeremy S. Goldman

In this presentation, accomplished media and entertainment litigator Jeremy S. Goldman will explore copyright preemption through the lens of X v. Bright Data. In this blockbuster ruling, the court held that the social media giant’s claims against a web scraping company were preempted by the Copyright Act under the conflict preemption doctrine. The presentation will demystify copyright preemption and analyze the implications of this important decision.

Key Topics

• Copyright Preemption: Understanding the concept and legal framework
• Case Background and Court’s Decision: Detailed analysis of X v. Bright Data and the court’s reasoning
• Implications for Web Scraping and Data Use: How this ruling affects data scraping practices and contractual enforcement
• Future Legal Landscape: Potential future applications and trends in copyright preemption in digital content dispute

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