For companies in the United States doing business in Europe and European companies doing business in the United States, the differences between copyright and data privacy law can be striking and confusing. This comprehensive seminar featured an American copyright attorney at Norris McLaughlin, P.A., Jeanne Hamburg, and two colleagues from the European law firm of Fieldfisher in Germany, Oliver Süme and Stephan Zimprich, discussing:
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Similarities and differences between American and European copyright, including:
- The scope of rights protected by copyright and who owns these rights
- How to determine copyrightability
- The role of copyright registration (or the lack thereof)
- Work made for hire
- Protection for so-called Droit moral (moral rights)
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Litigating copyright cases in the United States vs. the European Union, including:
- Proving copyright infringement
- Defenses to infringement
- Click-through agreements and contract actions vs. copyright suits
- Procedural considerations (statute of limitations, standing, forum, and declaratory judgment)
- Cost of litigation
- Scope of damages, including attorneys’ fee awards
- Social media platform’s liability in the United States vs. the European Union, including the new Copyright Directive in the European Union and the Digital Millennium Copyright Act in the United States
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Data privacy protection in the United States and the European Union, including:
- General Data Privacy Regulation (“GDPR”) and recent GDPR enforcement in the European Union
- The patchwork of state laws on privacy in the United States, including the California Consumer Privacy Act (“CCPA”)
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