email : Webview : Making the Connection

Share this:

September 2024

Welcome

Welcome to readers of Making the Connection!

In this issue, you will find:

In Focus: Westward Ho!
Question of the Month, answering a question about the efficacy of mediation when the parties' have widely disparate positions
Case on Point, discussing the applicability of the "fair use" defense to a claim for copyright infringement
At the Podium, listing my speaking engagements and public appearances
Client Corner, spotlighting client events and announcements

In Focus

Westward Ho!

In 1987, I bought a car, moved from Boston to Long Island, changed careers from litigator to in-house counsel, and got married the following year. Since then, my husband and I bought a house and raised our two son. I segued into private practice as an attorney, mediator and arbitrator. Now, we are getting ready to make another big move, to Denver, to live near one of our sons and daughters-in-law. I will maintain a virtual office and continue to provide legal services to my clients here in New York and to serve as a mediator and arbitrator both here and in Colorado. I anticipate returning as necessary for meetings, hearings and mediations, and look forward to maintaining contact with friends and clients through Making the Connection!

Question of the Month

Q: Can mediation be productive even when the parties' initial positions are very disparate?

A: Mediation can be especially productive when the parties' initial positions are disparate. A skillful mediator can help the parties bridge the gap by:

encouraging the exchange and sharing of information and perspectives so that the parties have a more comprehensive understanding of the situation;
helping the parties identify their underlying interests, and recognize and build on any shared interests, such as in minimizing the costs and risks of litigation or bad publicity; and
facilitating brainstorming of creative approaches to resolution.

Case On Point

Hachette Book Group, Inc. v. Internet Archive

(U.S. Ct. of App. for the 2d Cir. 2024)

Internet Archive is a non-profit with a mission to make books accessible on-line without charge to readers. It purchased books, scanned them in (without the copyright owner's permission), and then allowed readers to access the electronic copies. Its model permitted only as many readers to access the books on-line as the number of hard copies it owned. Non-circulating books of cooperating libraries were counted towards that number as well.

Hachette Book Group and other publishers sued Internet Archive for copyright infringement. Internet Archive defended, claiming that its activities fell within the "fair use" defense to copyright infringement. The Court of Appeals affirmed the district court's grant of summary judgment to the plaintiffs, holding that the fair use doctrine did not apply because:

Interactive Archive's use of the infringed works was not in any way transformative;
the copied works were creative works of fiction and non-fiction, not merely factual compilations, and therefore entitled to substantial protection;
the works were copied in their entirety;
the distribution of the copies for free adversely affected the market for the original works.

___________________________________________________________________________________________________

At the Podium

This is a listing of speaking engagements, workshops, events and other public appearances. To book me as a speaker or facilitator at your next company, client or association function, contact me at lisa@lisapom.com.

On November 11, 2024, I will speak on Managing and Resolving Conflict in Healthcare Worplaces at the 2024 Annual Conference of the Association for Conflict Resolution in Omaha, Nebraska.

Client Corner

Client Corner features client announcements and events of potential interest to readers.

On September 20, 2024, Moxxie Network will host a Midday with Moxxie luncheon at Hotel Indigo in Riverhead. Click here for information and registration.

80 Orville Drive, Suite 100 | Bohemia, NY 11716

email marketing by Lighthaus Design