Inaugural Media Law Conference
First technology changes rapidly. Then media follows suit, evolving to meet new consumer expectations. That leaves two paths for the law: undergo rapid change to keep up or fail to change at all. Either path is problematic, forcing those working in the area to keep up with changes coming at a breakneck pace or to figure out how dated laws and legal principles can be applied to new technologies and new media that simply don’t fit into the old legal paradigm.
Description
Attend and earn 7 CPD in Substantive Law
This conference was recorded in NSW on 9 November 2018
Session 1
IP and Technology Trends in Media Law
Chair: Donna Short, Partner, Addisons; Ranked in Chambers Asia Pacific 2018 for Intellectual Property Trade Mark & Copyright Australia
9.00am to 10.00am: Developments in IP Rights: the Media Sector
An overview of current and (potential) future issues when it comes to copyright and the media sector in an increasingly global marketplace.
- The technology and software platforms currently being used by the Australian and international media, as well as predicted media consumption trends in the future
- Copyright and other IP issues that arise in the present media framework, as well as those that may pose further challenges in the future (whether by way of the use of artificial intelligence or otherwise)
- The challenges that arise from streaming and other media platforms affected by international IP rights and how those issues are being resolved (or not resolved, as the case may be)
- The potential future impact of the Copyright Modernisation Review on the media sector
- The Courts in Australia: site-blocking legislation/injunction cases and the constant problem of consumers who want media for free
Presented by Grant McAvaney, CEO, Australian Copyright Council
10.00am to 11.00am: Personal Images in Media: Is There a Personality Right? Using Copyright and Trade Marks to Regain Control in a Chaotic Environment
- Social media contracts
- Fair dealing exceptions
- The right to be forgotten
- Third party material online
- Take down procedures and their use in practice
Presented by Kate Haddock, Partner, Banki Haddock Fiora; Leading Contentious Intellectual Property Lawyer, Doyle’s Guide 2018; Recommended Technology, Media & Telecommunications Lawyer, Doyle’s Guide2018; Best Lawyers 2019, Intellectual Property Law
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Big Data, Privacy and Media
- What is Big Data?
- Application of data analytics on Big Data
- Privacy and collation of multiple data sources for Big Data
Presented by Richard Chew, Partner, Sparke Helmore Lawyers, Recommended Technology Lawyer, Doyle’s Guide 2017; Best Lawyers 2019, Information Technology Law
12.15pm to 1.15pm: Developments in Data Privacy and National Security Law Impacting the Media
- EU General Data Protection Regulation (GDPR) and extra-territorial applicability
- National Security
- Foreign Influence Transparency Scheme Bill
Presented by Patrick Fair, Partner, Baker & McKenzie, Recommended Non-Contentious Intellectual Property Lawyer, Doyle’s Guide 2018; Best Lawyers 2019, Information Technology Law
Session 2
Expression, Defamation and Publication
Chair: Martyn Taylor, Partner, Norton Rose Fulbright; Best Lawyers 2019, Regulatory Practice and Telecommunications Law
2.00pm to 3.00pm: Fake News, Freedom of Expression and Media
Examine the latest developments related to freedom of expression and media law, including critical lessons regarding fake news. Explore key issues such as the prospects of regulation of online platforms for fake news and offensive speech and recent cases and trends impacting the area.
Presented by Justine Munsie, Partner, Addisons; Preeminent Technology, Media & Telecommunications Lawyer, Doyle’s Guide 2018; Leading Copyright & Soft IP and Media & Entertainment Lawyer, Recommended Trade Mark Lawyer, Doyle’s Guide 2017; Best Lawyers 2019, Defamation and Media Law, Entertainment Law
3.00pm to 4.00pm: Defamation and the Importance of Pre-Publication Advice
- The revival of big defamation cases: Wilson, Rush, McLachlan, Rayney
- What’s at stake? Damages and the ‘grapevine’ effect of modern media
- Key defences for publishers: no defamatory imputations, truth and qualified privilege
- Practical guidance on the best pre-publication advice
Presented by Hannah Marshall, Partner and Daisy von Schoenberg, Lawyer, Marque Lawyers
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm: A Wide Net? How Australian Media Laws Affect Traditional and New Media Players
- Liability: Who's on the hook for on-line publications?
- New publishers? Search engines and social media
- Defamation defences and their application
- Practical issues with on-line publications
Presented by Sophie Dawson, Partner, Recommended Technology, Media & Telecommunications Lawyer, Doyle’s Guide 2018; Best Lawyers 2019, Defamation and Media Law, Information Technology Law, Litigation, Telecommunications Law and Jarrad Parker, Senior Associate, Bird and Bird