Darrell Panethiere - Consultant, Legal & Business Affairs, Fostercraig Ltd

Educated at Columbia University, the University of Chicago and the University of Missouri, Darrell currently provides independent advice on legal and business affairs to individuals and companies in music, media, publishing, software, telecom and related fields. He has particular expertise in online music applications, and has represented Warner Music, ESPN, LO-MAX Records, Circus Records, London Symphony Orchestra, Warner Home Video. He was also retained by UNESCO to prepare the report, The Persistence of Piracy: the Consequences for Creativity, for Culture, and for Sustainable Development. This was presented to the Intergovernmental Committee of the Universal Copyright Convention, Paris, June 2005.

Prior to this position, he was VP, Legal & Business affairs at Warner Music International, London, where he was responsible for copyright, competition, and other legal and public policy matters affecting the sale, distribution, and licensing of sound recordings in Europe, the Middle East, Asia, Africa, and Latin America.

During this time, he developed worldwide internet and new media licensing policies; managed affiliate and licensee relations in over 40 countries; handled negotiations with music rights societies, performers’ organisations, and other bodies concerned in the licensing of music; provided litigation oversight for major international online piracy cases (e.g., Napster, mp3.com, Kazaa), and coordinated related public communication campaigns; and represented Warner Music before the World Intellectual Property Organization, World Trade Organisation, European Commission and European Parliament, Council of Europe, and national governments in Europe and Asia. A Board member, Warner Music, Thailand, he was also responsible for commercial matters including artist agreements, distribution agreements, cable, satellite and public performance licensing; data protection and privacy issues.

From 1995 to 1999, Darrell was legal adviser to IFPI member companies and national groups on all aspects of copyright law, particularly with regard to new technological applications of music. He represented the recording industry before the WIPO and WTO, UNESCO, and the European
Commission and accepted speaking engagements in over 25 countries, principally on topics relating to the internet and new technologies.

Previously, (1989 – 1995) he was working for U.S. Congress, Washington, for whom he was Chief Counsel for Intellectual Property, Senate Judiciary Committee. In this position, he was responsible for all copyright, trademark, and patent bills considered by the Senate, including legislation to implement the Berne Convention and ratification of the GATT/TRIPS Agreement.

He served as congressional adviser on 7 US delegations to WIPO (Model Copyright Law, WIPO Copyright Treaty, and WIPO Performers and Phonograms Treaty), and was copyright adviser on Congressional Delegations to the People’s Republic of China, Japan, and Korea.

Previous appointments include:

Attorney/Advisor, Office of Legal Policy, US Department of Justice. (Responsible for developing the government’s legal position before the Supreme Court and other courts, particularly with respect to communications, constitutional law, and criminal law issues, 1987-1989);

Head of Appeals Department, Windle Turley, P.C., Dallas, Texas. (Federal and state litigation, including international cases involving interpretation of Death on the High Seas Act; Foreign Sovereign Immunities Act, and (in the US Supreme Court) the Hague Convention on the International Service of Process, 1983-1987;

Assistant Attorney General of Illinois, Chicago, IL. (Prosecution of serious crimes, in state and federal court, including one appeal before the US Supreme Court);

Assistant Attorney General of Missouri, Kansas City, MO. (Appellate litigation in state courts and US Supreme Court in criminal matters, 1979-1981.

Recent Publications include:

“La struttura legale del mercato della musica in Europa” in Dal Vinile a Internet, F.
Silva, G. Ramello, eds. (Torino 1999: Fondazione Agnelli)

“The Basis of Copyright Infringement Liability: the Law in Common Law Jurisdictions”
in European Intellectual Property Review: Special Internet Edition, 13 EIPR 13 (1998)

“On-line Copyright Infringement Liability and the Significance of Recent US Legislation” in Legal Aspects of Intellectual Property Rights in Electronic Commerce (Muenster 2000: Institut für Informations-, Telekommunikations-, und Medienrecht-, Zivilrechtliche Abteilung, Westfaelische Wilhelms Universitaet, European Commission Legal Issues in IP Project).