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The Kernochan Center for Law, Media and the Arts was established to contribute to a broader understanding of the legal aspects of creative works of authorship, including their dissemination and use.

36th Annual Manges Lecture: Litigating Fair Use

Headshot of Ms. Cendali

On Monday, March 25, Dale Cendali of Kirkland & Ellis will deliver the Horace S. Manges Lecture.  Ms. Cendali will discuss the litigators’ role in shaping the legal doctrine by developing the facts of a given case and establishing its ties to existing law.  She will conclude with some brief thoughts on current issues in litigating fair use, including the increased focus on the second factor, the greater attention now being paid to the role of juries in deciding fair use, and how artificial intelligence is affecting the legal landscape.  The lecture will begin at 6:15PM in Room 103 of Jerome Greene Hall, with a reception to follow.  Registration opens on the event page starting February 15, 2024.

Symposium: Protecting Cultural Property: The 1954 Hague Convention at 70

The Kernochan Center hosted a symposium celebrating the 70th Anniversary of the 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict, the 25th Anniversary of its Second Protocol, and the 15th Anniversary of US Ratification.  The symposium was co-sponsored by the US Committee of the Blue Shield

CLE readings are available here.  CLE credit will only be available to in-person attendees.  A video will be made available on this site shortly.

Small portrait of Caitlin McGrail

The Kernochan Center is pleased to welcome new Fellow Caite McGrail!  Prior to joining the Kernochan Center, Ms. McGrail was in practice at Kirkland & Ellis LLP. She will be contributing to Center research, planning, and programming.

On December 4, 2023, Prof. Shyam Balganesh of the Kernochan Center delivered the Donald C. Brace Memorial Lecture for the Copyright Society.  The lecture, entitled "The Judicial Method in Copyright," was held at Fordham University. 

The Kernochan Center's annual symposium, in a full day with three panels of distinguished guests, on October 20, 2023, addressed the many questions about the derivative works right which remain in the wake of Warhol v. Goldsmith.  Videos of each of the three panels are now available on the dedicated page: Rearrange, Transform, or Adapt: The Derivative Works Right After Andy Warhol Foundation v. Goldsmith.

KERNOCHAN CENTER CO-HOSTS AI SYMPOSIUM IN TOKYO

The First Annual U.S.-Asia Comparative Copyright Law Roundtable: Artificial Intelligence and Copyright Law

Group photo of all speakers at Waseda University Symposium

On June 10th and 11th, 2023, the Kernochan Center for Law, Media and the Arts co-sponsored a two-day symposium on artificial intelligence and copyright law, held in Tokyo at Waseda University.  The symposium brought scholars, government officials, and industry executives together to discuss the legal challenges raised by content-producing machine learning algorithms.  

Prof. Balganesh addresses the Tokyo symposium

Professor Shyam Balganesh

Prof. Ginsburg addresses the Tokyo symposium

Prof. Jane Ginsburg

Three panels were featured on the first day of the symposium.  The first panel, on the copyright protection of AI-generated work, was moderated by Professor Jane Ginsburg, and included Register of Copyrights and Director of the US Copyright Office, Shira Perlmutter, as well as representatives of the governments of Hong Kong, India, and Japan.  Professor Shyam Balganesh and Prof. Ginsburg both spoke on the second panel, which discussed copyright infringement by AI and was moderated by Waseda University professor Tatsuhiro Ueno.  The third panel, moderated by Prof. Balganesh, covered stakeholder views and experience, and included the perspectives of executives from Google, Microsoft, and Tencent, as well as artist Ken Akamatsu, creator of the mangas Love Hina and A.I. Love You.

The second day of the conference was an academic roundtable, with short topic talks from speakers from Google, Singapore Management University, Kobe University, the University of Aberdeen Law School, and Yonsei Law School.  Other academics were invited to the discussion, including Kernochan Center Executive Director Pippa Loengard, as well as Profs. Balganesh and Ginsburg.