All You Ever Wanted to Know About Copyright But Were Too Afraid To Ask

Abstract:

This talk will offer a quick walk through some of the major concepts in the law of copyright and help you find answers to questions such as: What is the scope of protection of copyright? Do I need to register my right anywhere? How do I prove my copyright? What rights do I have if I develop work jointly with a colleague? What does the University IP Policy say about my copyright? How shall I deal with publishers? Shall I assign my rights to them? Why should I waive my moral rights? What about e-publishing? Can I produce compilation works without infringing third party rights? How much can I copy from an article or book before I need to ask for permission? What if I cannot find an author to ask for permission to use excerpts of his work? Can I post copies of published works on the website for my students’ use? What are the dos and don’ts? What about work produced in partnership with other universities? I have heard about creative commons licences - are they a good thing or a bad thing? How shall I deal with requests for adaptations or translations of my work?

About the Speaker:

Gabriela Kennedy is a partner of Mayer Brown and head of the Asia IP and TMT group. She is also co-leader of Mayer Brown’s global Intellectual Property practice. She is based in Hong Kong, practising intellectual property, media, information technology and telecommunications law. She handles the full spectrum of intellectual property work from litigation to licensing, strategic advice and portfolio management. Gabriela has been at the forefront of the digital copyright agenda in Hong Kong through her involvement with the Asia Video Industry Association (formerly known as CASBAA), and has lobbied for all subsequent amendments to the Hong Kong Copyright Ordinance on behalf of a number of clients and technology and media industry associations. She has handled a number of high-profile media transactions and litigation including signal piracy litigation during three FIFA World Cups on behalf of cable operators and free-to-air licencees, and litigation relating to ‘must-carry’ and re-transmission rights under the Copyright Ordinance.

Gabriela is one of the best known copyright lawyers in Hong Kong. She has advised many of the universities in Hong Kong and assisted them to devise IP policies and strategies in particular in relation to the monetisation of their research output. She has litigated a number of high-profile copyright cases involving the copyright in digital rights, celebrities images /photographs and has also handled complex IP due diligence involving copyright in music tracks as part of large acquisitions of music catalogues. She advises a number of well-known music publishers on licensing matters as well as the protection of their rights online. She has also advised authors of well-known children’s books on publishing rights and new modes of distribution of their works in the digital age. She is co-author of Hong Kong Halsbury on copyright.

Gabriela has been listed in many directories as a leading lawyer in the fields of intellectual property, technology media and telecoms as well as data protection, e-commerce and the Internet and has received a number of client and other awards. She was named "Woman Lawyer of the Year" at the ALB Hong Kong Law Awards (2017), winner of "TMT Lawyer of the Year" at the Asia Legal Awards (2017) and is a four-time winner of “Best Lawyer in TMT” at the Euromoney Legal Media Group Asia Women in Business Law Awards (2011, 2012, 2015, 2018).

A former theoretical linguist Gabriela speaks a number of European languages including English, French, Spanish, Italian, Romanian and Portuguese.