Film & Television Law Conference

With the many layers involved in the creative process, the film and television industry can be a hotbed for legal disputes. This event explores some of the most pressing concerns of the industry, dissecting the implications of artificial intelligence, defamation challenges and positive duty of care on sets and behind the scenes. Examine strategies for successful production while sidestepping related legal pitfalls pertaining to Indigenous rights, the Privacy Act and music copyright. 243N23

Wednesday, 13 March 2024
9:50am to 10.35am Broadcasting: Rights, Reversions, and Real-Life Deals
  • An update on the ever-evolving anti-siphoning scheme
  • Reserved rights in the digital age – tips and trends
  • Challenges surrounding intellectual property use, clearances and releases
  • Content licensing and distribution agreements
  • Case studies of broadcast deals

Presented by Calli Tsipidis, Legal Counsel, Foxtel Group, 2022 & 2023 ‘Sports and Entertainment Lawyer of the Year’, Lawyers Weekly Corporate Counsel Awards

10:50am to 11:35am Staying Compliant Behind the Scenes: Recent Legal Obligations in the Workplace
  • Understanding the new positive duty under the Sex Discrimination Act 1984 (Cth) to proactively prevent sexual harassment
  • New obligations under the WHS Act focusing on addressing psychosocial risks in the workplace

Presented by Amber Sharp, Partner, McCullough Robertson; Recommended Lawyer, Labour and Employment, Legal 500 Australia

11:35am to 12:20pm Exploring the Impact of Significant Privacy Act Reforms on Film & Television
  • An overview of recent reforms to the Privacy Act and the further suite of reforms proposed in the Privacy Act Review Report
  • Detailed discussion of those proposals which are likely to have the most significant impact on the film and television industry
  • Exploring practical steps that members of the film and television industry may wish to take in anticipation of the new regime

Presented by James Hoy, Special Counsel, Media & Technology, Bird & Bird

12:20pm to 1:15pm Spotlight on Silver Screens: Crafting Compelling Cast & Crew Contracts in Film & TV
  • Exploring the industrial framework for contracting cast and crew, including considering discrimination issues when you are typecasting
  • An update on the latest case law relating to the contractor v employee distinction
  • Considerations when engaging particular classes of talent, including children and vulnerable people
  • The ‘big ticket’ items to cover in your contracts to address key risks, including relating to defamation and talent ‘sideline careers’ as influencers that leverage your brand, contacts or materials

Presented by Rebecca Lindhout, Special Counsel, McCullough Robertson; Recommended Lawyer, Media and Entertainment, Legal 500 Australia; Secretary, Communications and Media Law Association and Nicola McMahon, Senior Associate, McCullough Robertson

2:00pm to 3:00pm Artificial Intelligence in Film & Television: A Framework
  • Consideration of issues raised by A.I. use in scripts, performances, licensed materials and post-production
  • Complexities of ownership issues in relation to A.I. generated content
  • Impact on contracting, data security and liability
  • Proposals for best practice surrounding A.I. use and A.I. content creation

Presented by Janine Lapworth, Senior Consultant, Simpsons; Deputy Chair, Australian Theatre for Young People

Session 1: Compliance and Employment Issues in Film & Television: Mitigating Risks & Liabilities

Chair: Sonia Borella, Principal, Borella Buchanan; Consultant, Kennedy Miller Mitchell

9:05am to 9:50am Shielding Journalistic Integrity Amid Rapid Information Spread and Defamation Challenges
  • New challenges for journalism, including issues related to online content, user-generated content, and the rapid spread of information
  • Analysing the effectiveness of Australian shield laws
  • Interpreting defamatory content: what you intend to express compared to how others perceive it
  • Minimising risks when dealing with contentious subjects while protecting journalistic integrity

Presented by Sophie Dawson, Partner, Dispute Resolution, Bird & Bird; Recommended Contentious Intellectual Property Lawyer – New South Wales, Doyle’s Guide 2023; Leading Individual, Media and Entertainment, Legal 500 Australia

3:00pm to 4:00pm Content & Country: Protecting the I.P. of Indigenous Knowledge and Cultural Representations on Screen
  • Criteria for First Nations Australian portrayal on screen: what is Indigenous Knowledge, Intellectual and Cultural Property and what constitutes Indigenous representation
  • The need for due diligence in ensuring the preservation of Indigenous Knowledge, Intellectual and Cultural Property
  • Awarding control, protection, recognition, and respect to First Nations Australians
  • Promoting a more inclusive and ethical approach to the use of Indigenous intellectual property in the media

Presented by Marion Heathcote, Principal, Trade Mark Attorney, Davies Collison Cave; Thought Leader Global Elite - IP - Trademarks 2023, Who’s Who Legal

4:15pm to 5:15pm Music Rights: Copyright Ownership, Licensing, Threats and Opportunities
  • Basic overview of rights in music, who controls such rights including an explanation of the different creative and commercial interests (songwriters, performers, recording artists, music publishers and record labels, collecting societies)
  • How music is commissioned and licensed for film, television and podcasts
  • Impact of fragmentation of the media landscape, proliferation of global streamers on music rights, and other issues facing the Australian music industry
  • Music industry response to A.I. and deepfakes

Presented by Julia Kosky, Business Affairs Lead, Music, ABC

Session 2: I.P. Rights in A.I. Generated Content, Music and Indigenous Assets

Chair: Rebecca Dunn, Partner, Gilbert + Tobin; Leading Contentious Intellectual Property Lawyer – New South Wales, Doyle’s Guide 2023; President, Communications and Media Law Association

Description

Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

9:00am to 9:05am Opening Comments by the Chair
10:35am to 10:50am Morning Tea
4:00pm to 4:15pm Afternoon Tea

Presenters


Amber Sharp, Partner, McCullough Robertson
Amber Sharp has over 20 years’ experience as a workplace relations lawyer. She has particular expertise in discrimination, termination disputes, and bullying claims. Amber is praised by clients for her down to earth, straight talking and solutions-oriented approach. Amber is recognised in Doyles Guide and Best Lawyers as a leading employer representative employment and industrial relations practitioner.


Ms. Rebecca Lindhout, Special Counsel, McCullough Robertson
Rebecca Lindhout is Special Counsel in McCullough Robertson’s Digital & IP Team. She acts across a broad range of TMT matters, including media rights, sponsorship, talent, marketing, telco, technology procurement and technology services agreements. She also advises on general commercial arrangements and the IP/IT aspects of corporate transactions. Rebecca obtained her law degree from Oxford University and trained at Slaughter and May in London, including on secondment to ITV where she was Commercial Affairs Executive (Sport). She also spent a number of years working in the legal team at FOX SPORTS Australia. Rebecca is a member of the executive committee of the Communications and Media Law Association (CAMLA).


Ms. Rebecca Dunn, Partner,
Rebecca is a partner in Gilbert + Tobin’s Tech & IP group. She is an experienced intellectual property and media litigator who has worked on some of the leading copyright cases in Australia. In addition to copyright, her focus is on defamation, trade mark litigation and Australian Consumer Law litigation. Rebecca has particular expertise in the online space in relation to copyright, defamation, consumer law, social media, privacy and data protection. She has worked on a variety of enforcement matters for both national and international clients including the film and music industries. Rebecca has litigated cases in the Supreme and Federal Courts and at appellate level in the NSW Court of Appeal, the Full Federal Court and the High Court of Australia. Rebecca is the President of the Communications and Media Law Alliance, a member of the Copyright Society of Australia and the Intellectual Property Society of Australia and New Zealand. Rebecca has a Bachelor of Law (First Class Honours) from the University of Sydney and a Bachelor of Arts (Communications Studies) from the University of Newcastle. Rebecca was admitted as a solicitor in 2005. Rebecca also has a Masters of Research in issues relating to social media law and democracy.


Mr. James Hoy, Senior Associate,
James is a Special Counsel in Bird & Bird’s Sydney office and specialises in media and technology disputes and advice with a particular focus on privacy and data protection matters. The core of James’ practice involves complex media and technology privacy advice and other compliance work, including regularly advising on cross border matters and significant privacy and data protection projects. James regularly advises in relation to adtech issues and made significant contributions to the Australian chapter of an adtech resource released by the Interactive Advertising Bureau. James is recognised by peers as a "Rising Star', within the area of IP & TMT law in New South Wales, in the 2022 edition of Doyle's Guide. In addition to privacy practice, James is an experienced litigator with particular expertise in defamation proceedings, having acted for major media organisations throughout most of my career. This includes acting on behalf of newspaper publishers, as well as the Australian Broadcasting Corporation, for whom I have previously worked in-house. James has also acted for public and private sector clients across a range of other contentious matters, including matters relating to IT contracts, copyright infringement, injurious falsehood, breach of privacy, breach of confidence, misleading and deceptive conduct, suppression orders and subpoenas to produce.


Ms. Calli Tsipidis, Legal Counsel,
Calli Tsipidis is Legal Counsel at Foxtel Group, working across the FOX SPORTS Australia, Kayo Sports, BINGE, Flash and Foxtel brands. She advises the sports content and production, sales, partnerships, digital product and marketing teams, and was a key stakeholder supporting the build and launch of Flash, BINGE, Kayo Freebies and Pay-Per-View on Kayo. In 2021, Calli was a Finalist across multiple categories in the Lawyers Weekly Australian Law Awards, Corporate Counsel Awards and 30 Under 30 Awards, and took home both the Rising Star of the Year – In House and In House Lawyer of the Year at the Women in Law Awards. Calli is the current Chair of the Communications and Media Law Association’s Young Lawyers Committee.


Ms Janine Lapworth, Senior Consultant,
Janine Lapworth, Senior Consultant, Simpsons Solicitors Janine Lapworth joined Simpsons Solicitors after running her own entertainment law practice for several years. She has broad corporate, commercial, intellectual property, entertainment and litigation experience, gained at national and international law firms and in senior in-house legal positions at the Australian Broadcasting Corporation in Sydney and ESPN Star Sports in Singapore. She works with a wide range of clients based in Australia and overseas, including international studios, industry groups, tech start-ups and other creative businesses. Janine’s current areas of practice are diverse, from television production and distribution to publishing and general intellectual property advice and contracting.


Ms Marion Heathcote, Partner and Trade Mark Attorney,
Marion Heathcote is a principal at Davies Collison Cave where her major area of practice is in Trade Mark law where she has extensive experience in strategic trade mark portfolio management, protection and enforcement, particularly within the Asia Pacific region where she is regularly recognised for her expertise in the trade mark area as well as various associated IP rights issues. With a number of legal and scientific qualifications including in Wine Science and Ecological Agriculture Systems, she has developed a particular knowledge in relation to geographical indications and agro economic and ecology issues. She has also completed the WIPO Advanced Course on Intellectual Property, Traditional Knowledge and Traditional Cultural Expressions. Marion has served on numerous INTA committees in new and emerging areas of IP law and practice. She currently Chairs INTA’s Brands for a Better Society Committee. Previous appointments have included being the inaugural chair of the Indigenous Rights Committee, the Related Rights Committee (covering Indigenous Rights, Geographical Indications, Design Rights and Rights of Publicity) as well as serving on ASEAN and APAC specific Committees and Emerging Issues. She was on INTA’s Board of Directors and has also served on their Asia Pacific Advisory Council and been involved in a number of Presidential Task Forces. On behalf of INTA she has also provided support to a number of WIPO education initiatives for indigenous peoples and local communities including their Women’s Entrepreneurs Project based IP training and mentoring program. Marion has received from INTA both their Presidents Award in 2019 which ‘acknowledges the profound appreciation of the global trade mark community to INTA members who, over the course of their career, have made a lasting impact on the Association and its mission’, and previously their 'Volunteer Service Award for the Advancement of Trademark Law'. She is also the Team Leader of the Marques IP Emerging Issues Team and co-authors the Australian Chapter of Lexis Nexis' International Pharmaceutical Law and Practice.


Ms Sophie Dawson, Partner,
Sophie is an experienced media, information technology and privacy partner with an emphasis on advice and disputes. She has extensive experience in advising and acting for companies and agencies in relation to matters including defamation, intellectual property, privacy and law reform advice and disputes. For many years, Sophie has been recognised as a leading TMT lawyer in directories including Chambers Asia-Pacific, Asia Pacific Legal500, Who’s Who Legal, Best Lawyers and Doyles. Sophie is co-author of Thomson Reuter’s Media & Internet Law & Practice and is the current author of the Internet title in Laws of Australia. She is a past president of the Communications and Media Law Association and is a current member of the UTS Centre for Media Transition Advisory Board.


Ms. Nicola McMahon, Senior Associate,
Nicola McMahon is a specialist employment relations and safety lawyer, having practised in this area for over twelve years. Nicola acts for clients across the full spectrum of employment relations matters. She advises on issues ranging from recruitment to termination of employment, managing employee performance and discipline issues, advising on the interpretation of modern awards and enterprise agreements and assisting with industrial issues, including the negotiation and approval of enterprise agreement. Alongside providing advice to clients, Nicola regularly conducts litigation for clients, defending unfair dismissal, adverse action and discrimination claims, and bringing and defending restraint of trade claims in the High Court.


Ms Julia Kosky, Business Affairs Lead, Music, ABC
Julia Kosky is the Business Affairs lead for Arts, Music and Events and Audio Studios at the ABC and also provides strategic and rights advice and support across the organisation on all things music. Before joining the ABC, Julia spent 5 years in Los Angeles working in the Music Business and Legal Affairs team at Netflix. Prior to that she worked as a music lawyer at Brett Oaten Solicitors, served as a board member for FBi Radio and ran her own music management business and independent record label. Julia has in-depth music expertise with extensive knowledge of music rights in film, television, SVOD, digital media and in relation to collective management.

243N23

Film & Television Law Conference

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All Sessions
Wednesday, 13 March 2024
9:00am to 5:15pm Australia/Sydney
CPD Points 7
$795.00
$795.00
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Morning Session
Wednesday, 13 March 2024
9:00am to 1:15pm Australia/Sydney
CPD Points 4
$505.00
$505.00
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Afternoon Session
Wednesday, 13 March 2024
2:00pm to 5:15pm Australia/Sydney
CPD Points 3
$420.00
$420.00
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On Demand 20240722 20240313

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Venue
Cliftons - Margaret St, Level 13

Level 13, 60 Margaret Street, Sydney

Directions

Closest Train Stations: Wynyard (100m) and Martin Place (700m)

Closest Bus Interchange: Clarence Street (170m)

Ferries: Circular Quay (1.2km)

Parking Information

Parking not included with registration. Possible options:
Met Centre, Jamison StClick here for rates

Amora Hotel - Click here for rates

Secure Park 20 Bond St - Click here for rates