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

Courtney Sarnow | Culhane Meadows

Courtney Sarnow is a partner in the Atlanta office of Culhane Meadows with over twenty-five years of experience in a broad-based transactional practice with a specific focus on intellectual property and technology. She has developed a distinctly creative and problemsolving approach to address client plans and issues. As a young attorney, Ms. Sarnow learned that focusing on what a client can’t do and shouldn’t do is unnecessarily limiting and seldom helps the client maximize corporate opportunities. Her approach of looking for ways to accomplish corporate goals within an informed legal framework is more valuable for growth focused, technology forward companies than a stereotypical corporate counsel who instinctively thwarts innovation.

Early in her career with Dow, Lohnes & Albertson in Atlanta, she worked in the Mergers & Acquisitions Group and in IP Licensing with traditional clients, as well as some unusual NASCAR and Professional Bull Rider representation thrown in from time to time. This gave her an appreciation for creative clients. After a sojourn in Philadelphia at Temple University as a Teaching Fellow earning an LLM in Law Teaching and studying developing issues in computer law and software licensing, she returned to Atlanta to teach as an Adjunct at Emory Law and develop a practice focused on intellectual property protection and general corporate strategies for artists, inventers and innovative entrepreneurial ventures.

Jeremy S. Goldman | Frankfurt Kurnit Klein & Selz PC

Jeremy S. Goldman is a partner in the Litigation Group and Co-Chair of the Emerging Technology Group, focusing on intellectual property, entertainment, media, privacy, technology, and commercial law.

Jeremy is an accomplished media and entertainment litigator, focusing on copyright, trademark, privacy, intermediary liability, right of publicity, First Amendment, and business disputes. Jeremy draws on his sophisticated understanding of law, technology and industry, along with creative problem-solving and litigation skills, to help clients navigate complex legal challenges in and outside the courtroom. Best Lawyers in America ranks Jeremy for his entertainment litigation practice and The Legal 500 has recognized him for his work on high-profile copyright and privacy matters.

Beyond his litigation practice, Jeremy advises startups and established companies on intellectual property, commercial, licensing, and privacy matters, especially when transactions and projects intersect with emerging technologies like artificial intelligence, blockchain, and new media. Leveraging his strong technical background and instincts as a litigator, Jeremy provides practical, business-minded advice and simplifies complex technology and legal concepts into plain English. In 2023, The Los Angeles Times recognized Jeremy as a “Legal Visionary” for his emerging technology practice.

Session I – Foundations of Copyright: Essential knowledge for today’s legal practice | 12:20pm – 1:20pm

• What Copyright Is…and Isn’t
• Statutory Definitions
  • Enumerated Rights
  • Duration of Rights
• Infringement and Enforcement of the Protected Rights
  • Elements of Infringement
  • Limitations on Infringement
• Derivative Rights and Fair Use
• Copyright Law’s Relationship with Technology – from Piano Rolls to Artificial Intelligence

Break | 1:20pm – 1:30pm

Session II – Copyright Preemption Expansion: The blockbuster X v. Bright Data | 1:30pm – 2:30pm

• 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 disputes