BYU Copyright and Trademark Symposium


The annual BYU Copyright and Trademark Symposium held in Utah brings together stakeholders interested in copyright and trademark law throughout the academic, legal, business, creative, and technology communities. Spanning two days, the Symposium offers a wide variety of panel discussions and presentations by legal scholars and practitioners, industry professionals, and government officials on cutting-edge copyright and trademark issues related to a central theme. The Symposium aims to broaden attendees' perspectives and provide excellent networking opportunities.

Plenary Debate Session 6

Date and Time: 
October 11, 2019 - 9:00am
Topic: 
Moral Rights
Location: 
Ballroom
Description: 

PROPOSITION: United States law sufficiently protects the moral right of creators to control their works.
IN FAVOR: Cathay Smith, Jennifer Hutchings
AGAINST: Sue Liemer, Jan Martin
MODERATOR: Julie Rose

The term “moral rights” generally refers to certain noneconomic rights that are considered personal to an author or creator, such as the right of integrity, which allows creators to prevent prejudicial distortions of their works. While these rights have a long history in international copyright law, the United States did not consider formal adoption of moral rights until it joined the Berne Convention in 1989. Shortly thereafter, Congress enacted the Visual Artists Rights Act of 1990 (VARA), which granted limited moral rights to creators of narrowly defined works of visual arts. But legal scholars and stakeholders remain divided on whether VARA and other provisions of United States law sufficiently protect the moral rights of creators. In this session, two teams of debaters will lay out the best arguments for and against the proposition. After hearing both sides, the audience will decide which team presented the more persuasive case.

View Presentation

Presenters: 
Julie
Rose

Julie Rose

Broadcast Journalist, Host of “Top of Mind,” BYU Radio

Julie Rose is a seasoned broadcast journalist and interviewer; she currently hosts Top of Mind on BYU Radio. Over the course of her broadcast career in both Utah and North Carolina, Rose produced spots and feature news stories for NPR’s Morning Edition and All Things Considered. Leading up to her time at BYU Radio, she worked as a regional reporter for political, social and economic stories in North and South Carolina at WFAE Public Radio, Charlotte. She’s a recipient of two National Edward R. Murrow Awards for Radio Writing and also the winner of multiple regional Edward R. Murrow Awards for continuing coverage, hard news reporting, writing, use of sound, features and other categories. Rose originally received her B.A. from BYU in Communications.

Cathay
Smith

Cathay Smith

Associate Professor of Law, University of Montana Blewett School of Law

Cathay Y. N. Smith is an Associate Professor of Law at the University of Montana Blewett School of Law where she teaches intellectual property law, property law, and art and cultural property law.  Outside of Law School, Prof. Smith serves on the Board of Directors for the Missoula Art Museum.  Prior to joining the faculty at Montana, Professor Smith taught as a fellow at the University of Denver Sturm College of Law, and was an intellectual property attorney at Katten Muchin Rosenman LLP in Chicago.  While in private practice, Professor Smith represented multinational technology, fashion, and entertainment and media corporations on intellectual property issues and disputes.  Prof. Smith has a MSc from the London School of Economics and Political Science, a JD from Loyola University Chicago School of Law, and a BS from Washington and Lee University.  Her scholarship focuses on copyright and trademark law, art law, cultural property and heritage law, and IP theory.

Sue
Liemer

Sue Liemer

Professor of Law, Elon University School of Law

Professor Sue Liemer earned a B.A. in Comparative Literature at Princeton University. After college, she worked literally on Madison Avenue, as an ad writer for Young & Rubicam, and she later worked in the marketing department of Sotheby’s. Professor Liemer earned a J.D. at the University of Virginia, where she helped to write and performed in the annual student production of “The Libel Show.”  

While practicing law, Professor Liemer was Connecticut’s Freedom of Information Commission and served on a bar association committee that drafted Connecticut’s  state moral rights legislation in the late 1980’s. She has been teaching Legal Writing for thirty years and also teaches Art Law periodically. Her scholarship includes research into the history of le droit moral, artists’ moral rights law. She currently is writing about VARA’s requirement that a work of visual art be “of recognized stature” to gain protection against destruction. 

Jan
Martin

Jan Martin

Visual Artist

Jan Randolph Martin is a visual artist. He received his BA degree from Purdue and MFA from the Art Institute of Chicago. The portfolio of his work includes monumental stainless-steel sculptures, and paintings. The photographic detail of some of his paintings reveals his keen interest in the beauty and symbolism of aging surfaces. He manipulates the surfaces to suggest the broader view of landscapes, telescoping the similarities between micro and macro imagery. He also creates paintings that explore his philosophical and political thoughts, referencing artists like Michelangelo and Hieronymus Bosch. His work has been shown throughout the country in museums, galleries, juried exhibitions and has been displayed in national art media. In 1995, he brought a lawsuit against the city of Indianapolis for the wanton destruction of his large public sculpture, “Symphony #1”. Martin vs City of Indianapolis was upheld in the district and appellate court and stands as a landmark case under the Visual Rights Act of 1990. You may view his work online at janmartinartist.com. 

 

Jennifer
Hutchings

Jennifer Hutchings

President and CEO, Alotta Action Advertising Inc.

Previously a roller derby athlete, a women’s wrestler and an avid adventure enthusiast- Jennifer Hutchings established Alotta Action Advertising in 2009.  Alotta was formed on 8 wheels and a hard wood floor. Skater Alotta Action, #24/7, realized how much fun promoting the Oklahoma City Roller Derby organization was and decided to make a career out of it. She sold printing for various print manufacturers and became very familiar with how to advertise, market and understood the importance of building a brand. With her faith and energy combined she unlaced the skates and got down to business.

Over a decade later, Alotta Action keeps building momentum with a team of talent and wit.  Despite neighborhood and nationwide upsets with the mural controversy in 2017, she continues to thrive and is planning on expanding her business January 2020 to a brand new 5,000 sq ft facility on Western Ave. 

Motivated by standing out from the crowd, against-the-grain visions, and unparalleled passion for every project, Alotta Action Advertising's commitment to you will go beyond your expectations.