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Heidi Tandy Application Package
Tandy Heidi HNAME: Last Name First Name Middle Initial 4825 Lakeview Drive Miami BeachHOME ADDRESS: Apt No.Home No./Street City Florida 33140 State Zip Code 3059262227 3055386361PHONE: Home Work heidi8@gmail.com Email Address Miami Beach Street 1691 Michigan Ave. City Florida State 33139 Zip Code Address: Heidi Tandy, Attorney At Law Position:Business Name:Attorney Pursuant to City Code section 2-22(4) a and b: Members of agencies, boards, and committees shall be affiliated with the city; this requirement shall be fulfilled in the following ways: a) an individual shall have been a resident of the city for a minimum of six months; or b) an individual shall demonstrate ownership/interest for a minimum of six months in a business established in the city. YesƔ5HVLGHQWRI0LDPL%HDFKIRUDPLQLPXPRIVL[PRQWKV Ɣ'HPRQVWUDWHDQRZQHUVKLSLQWHUHVWLQDEXVLQHVVLQ0LDPL%HDFKIRUDPLQLPXPRIVL[PRQWKV Ɣ$UH\RXDUHJLVWHUHGYRWHULQ0LDPL%HDFK Ɣ3OHDVHcircle one): I am now a resident of: Ɣ,DPDSSO\LQJIRUDQDSSRLQWPHQWEHFDXVH,KDYHVSHFLDODELOLWLHVNQRZOHGJHDQGH[SHULHQFH3OHDVHOLVWEHORZ Ɣ$UH\RXSUHVHQWO\DUHJLVWHUHGOREE\LVWZLWKWKH&LW\RI0LDPL%HDFK" Yes Yes Middle Beach No I am an attorney with familiarity in real estate, particularly residential and small commercial real estate on Miami Beach. I have b Please list your preferences in order of ranking [1] first choice [2] second choice, and [3] third choice. Please note that only three (3) choices will be observed by the City Clerk’s Office. (Regular Boards of City) Choice 1: Choice 2: Choice 3: Board of Adjustment No2. Present participation in Youth Center activities by your children Note: If applying for Youth Advisory Board, please indicate your affiliation with the Scott Rakow Youth Center: 1. Past service on the Youth Center Advisory Board: No Years of Service: ages, and which programs. List below: if yes, please list the names of your children, their CITY OF MIAMI BEACH BOARD AND COMMITTEE APPLICATION FORM * Board members are required to file Form 1 – "Statement of Financial Interest" with the State. If you seek appointment to a professional seat (e.g., lawyer, architect, etc.) on the Board of Adjustment, Design Review Board, Historic Preservation Board or Planning Board, attach a copy of your currently-effectively license, and furnish the following information: Type of Professional License_______________________________ License Number ______________________________ License Issuance Date ___________________________________ License Expiration Date _______________________ Name Title NoƔHave you ever been convicted of a felony:If yes, please explain in detail: ƔDo you currently have a violation(s) of City of Miami Beach codes:No If yes, please explain in detail: ƔDo you currently owe the City of Miami Beach any money:No If yes, please explain in detail: ƔAre you currently serving on any City Boards or Committees:Yes If yes, which board? Board of Adjustment ƔWhat organizations in the City of Miami Beach do you currently hold membership in? ƔList all properties owned or have an interest in, which are located within the City of Miami Beach: Property 4825 Lakeview Drive, Miami Beach, FL 33140 ƔI am now employed by the city of Miami Beach:No Which department? The following information is voluntary and is neither part of your application nor has any bearing on your consideration for appointment. It is being asked to comply with federal equal opportunity reporting requirements. FemaleGender: Physically Challenged:No White Race/Ethnic Categories What is your race? Mark one or more races to indicate what you consider yourself to be. Other Description: Are you Spanish/Hispanic/ Latino? Mark the "No" box if not Spanish / Hispanic / Latino.No NOTE: If appointed, you will be required to follow certain laws which apply to city board/committee members. These laws include, but are not limited to, the following: o Prohibition from directly or indirectly lobbying city personnel (Miami Beach City Code section 2-459). o Prohibition from contracting with the city (Miami-Dade County Code section 2-11.1). o Prohibition from lobbying before board/committee you have served on for period of one year after leaving office (Miami Beach Code section 2-26). o Requirement to disclose certain financial interests and gifts (Miami-Dade County Code section 2-11.1). (re: CMB Community Development Advisory Committee): prohibition, during tenure and for one year after leaving office, from having any interest in or receiving any benefit from Community Development Block Grant funds for either yourself, or those with whom you have business or immediate family ties (CFR 570.611). Upon request, copies of these laws may be obtained from the City Clerk. “I hereby attest to the accuracy and truthfulness of the application and have received, read and will abide by Chapter 2, Article VII – of the City Code “Standards of Conduct for City Officers, Employees and Agency Members.” I Heidi Tandy agreed to the following terms on 12/1/2017 5:53:55 PM Received in the City Clerk's Office by: Name of Deputy Clerk Control No. Date Heidi Howard Tandy, Esq. 1691 Michigan Ave., Suite 360 Miami Beach, FL 33139 (305) 926 2227 heidi@heidi8.com Attorney Private Practice on Miami Beach; also Of Counsel at Price Benowitz (Washington, D.C.) Prior firm experience includes Ziglaw; Gunster; Carlton Fields; Ruden McClosky; Stroock & Stroock & Lavan Lead attorney on proceedings at US Trademark Office’s Trademark Trial and Appeal Board, and at WIPO Lead IP attorney in trademark and copyright infringement proceedings in Federal and State Courts Lead IP attorney in settlement negotiations for plaintiffs and for defendants Manage intellectual property portfolios for a range of entertainment and technology clients with focus on trademarks, copyright/takedown issues, licenses regarding user submissions and brand management, social media and FTC compliance policies Draft and negotiate contracts, including license agreements, assignments, terminations and settlements Create best practices, handbooks and policies including Privacy, Terms of Use, employee agreements, sweepstakes, and marketing policies; hosted seminars and clinics for clients and their staffs regarding same Develop and write position papers, internal memos, blog posts and documentation concerning business and legal issues Train clients’ staffs and contractors in ethics and legal issues concerning Terms of Use, FTC, DMCA, Fair Use and content creation Pro Bono Projects Organization for Transformative Works, 2007-present Founding member of Legal Committee; manage DMCA, domain name and trademark issues; draft filings with Congress, Copyright Office and as amicus in Federal Court proceedings. FictionAlley.org, 2001 - present (nonprofit) Managed volunteer staff of 100+, supervised development of content management system, forum and content policies and best practices, marketing and advertising program, podcasts and live events; developed sponsorship, mentoring and scholarship programs. Created groundbreaking podcasts, content, and partnerships. HP Education Fanon, Inc., 2002 - present (nonprofit) Served on Legal Committee and developed, managed and served on senior staff for annual events; each hosted over 200 hours of educational and entertainment programming at events for 600-1900 attendees. EDUCATION University of Pennsylvania B.A. awarded in 1992 Washington College of Law at American University J.D. awarded in 1995 Recent Writings FIC: Why Fanfiction Is Taking Over the World (chapter author) (2013) FYeahCopyright.tumblr.com (2013-present) Presentations and CLE Lecturing ABA Social Media Law Basics (2017) INTA Professors’ Luncheon Feat. Speaker (2016) Vidcon (2016) South By Southwest (2012, 2014, 2016) San Diego Comic Con (2008, 2009, 2011, 2013-2017) University of Pennsylvania Intellectual Property Law Group CLE (2013) Princeton University, Fans, Fanfiction and the Media, Publishing and Entertainment Industries (2015) Women of Tomorrow, Miami (2013-2017) Webgrrls/Cybergrrls (1997, 1998) A Selection of Quotations The Wall Street Journal, Vampire Writer L.J. Smith Bites Back (April 17, 2014) The New York Times, Please Don’t Call It a G-Rated Dispute (April 14, 2005) USA Today (July, 2003) New Statesman, Is This the Year of the Fan? (July 31, 2014) MuggleNet Academia, Rights, Copyrights, and Playwrights - The Legal Side of Rowling’s Magic (August 24, 2016) Outline of Syllabus for SOCIAL MEDIA/TRANSMEDIA LAW Class Summer, 2016 Heidi Howard Tandy, Esq. heidi8@gmail.com Primary Course Texts will be selections from Advertising and Marketing Law Casebook by Rebecca Tushnet and Eric Goldman (DRM-free PDF download) and Sarah Jeong’s The Internet of Garbage. Course text components will come from law journal articles including Mark Lemley’s IP In a World Without Scarcity, Annamarie Birdy’s Copyright's Digital Deputies: DMCA-Plus Enforcement by Internet Intermediaries, current news and cases, and recent caselaw. Skype presentations by practitioners who work in corporations and NGOs will provide a variety of perspectives on developing issues. Class 1: IP and Internet Overview/Basics May 16 This session will include an overview of all the subject we’ll be covering with a focus on ascertaining students’ knowledge of employment, trademark, copyright, social media and contract law in general, as well as privacy laws, fair use concepts, defamation, rights of publicity and employment law issues. Due: One recent case or article on online/social media content creation Readings: Class 2: Intermediary Law May 18 We will look at business-related issues, from Terms of Use, privacy, COPPA and DMCA issues in connection with social media in walled sites like Facebook, mobile sites like Twitter and Instagram, and live video-streaming platforms, as well as more traditional websites. Students will look into questions involving how these contracts and their multi-purpose protective measures satisfy investors, users (and their parents), the media and the misinformation-filled hysteria of social media and blogging sites like tumblr. We’ll also look at best practices for onboarding users, employees/contractors and content creators/managers, and how licenses like Creative Commons, as well as the laws of the Public Domain and Fair Use allow the re-use and re-purposing of content into follow-on works. This class will also cover crisis management from a trademark and copyright law perspective. Readings: https://www.privateinternetaccess.com/blog/2016/04/supreme-court-wikipedia-violates-copyright- posting-photos-public-art/ https://web.archive.org/web/19990117030150/http://www.nytimes.com/info/help/agree.html#sect 2 https://web.archive.org/web/20001216234100/http://www.nytimes.com/info/help/linking.html https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-ar e-asking Memorial Day Lull - Readings http://www.thefader.com/2015/12/03/on-fleek-peaches-monroee-meechie-viral-vines https://www.techdirt.com/articles/20151205/18290332998/shittiness-ip-law-has-taught-public-that -everything-is-stealing-everyone-is-owed-something.shtml Mark Lemley’s IP In a World Without Scarcity at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2413974 Copyright and Consent by Rebecca Tushnet at http://cdn.harvardlawreview.org/wp-content/uploads/2015/03/vol128_Tushnet.pdf Tushnet Book P.1, 6-10, 34-53, 62-64 Google Books ruling: http://www.ca2.uscourts.gov/decisions/isysquery/b3f81bc4-3798-476e-81c0-23db25f3b301/1/doc/ 13-4829_opn.pdf Sgouros v. TransUnion Corp., No. 15-1371 (7th Cir. March 25, 2016) YouTube’s Four Factors at https://www.youtube.com/yt/copyright/fair-use.html#yt-copyright-four-factors OPTIONAL: http://ncjolt.org/wp-content/uploads/2013/06/Hostetler-Okada_Final.pdf Class 3/4: Impacts of Globalization June 6/8 We’ll look to possible changes to the law, and the governance challenges related to those changes, including a review of proposals currently and/or recently before Congress (including treaties like the Trans Pacific Partnership), the Copyright Office and the US Patent and Trademark Office, as well as multinational organizations like WIPO. Due June 6: Draft of proposed thesis, or outline of one of the student’s two proposed policies Due June 8: A how-to (narrative or flow chart) on either DMCA takedowns, the counternoticing process or responding (with at least 4 footnote citations to different cases and/or law journal/review articles). Readings: https://www.oculus.com/en-us/legal/terms-of-service/ http://www.franken.senate.gov/files/letter/160407OculusLetter.pdf https://www.congress.gov/bill/114th-congress/house-bill/4057/text https://www.documentcloud.org/documents/2782119-PLAW-113publ4.html#document/p83/a286 864 ONLY page 83 https://www.congress.gov/bill/114th-congress/house-bill/4740/text +Three of the following: ●http://tushnet.com/comments-cta-co-1201-3-3-16/ ●https://tushnet.files.wordpress.com/2016/04/512otw-submission.pdf ●http://tushnet.com/public-knowledge-section-1201-comments/ ●http://tushnet.com/jointlibertarian1201comments/ ●Annemarie Birdy’s U.S. Copyright Office Section 512 Study: Comments in Response to Notice of Inquiry. Available at SSRN: http://ssrn.com/abstract=2757197 Class 5/6: Social Media June 13/15 Twitter, tumblr, Facebook, Snapchat, YouTube, Google+, and more: How do IP laws apply to users, to the businesses, and to corporations, charities and schools that use these platforms to communicate with their audiences? How can sites - and schools - draft viable policies and how can policies shape the way a site, app or tool is used, and the audience that develops for it? We’ll open a look into Best Practices regarding community management and agreements with volunteers, consultants and paid staff. Due on June 15: Students must read at least one Terms of Use policy for a US site/company and mark up archaic legacy issues, internal contradictions and other issues; students will draw site names out of a hat to determine who reads which policy. Readings: The Internet of Garbage Sections 1-3 https://support.wattpad.com/hc/en-us/articles/200773104-Copyrights http://dearauthor.com/features/essays/qa-with-professor-rebecca-tushnet/ SHOULD PROSECUTORS BLOG, POST, OR TWEET?: THE NEED FOR NEW RESTRAINTS IN LIGHT OF SOCIAL MEDIA . Emily Vance: http://fordhamlawreview.org/wp-content/uploads/assets/pdfs/Vol_84/No_1/Vance_October.pdf Social Autopsy: http://nymag.com/following/2016/04/how-social-autopsy-fell-for-gamergate-trutherism.html https://pbs.twimg.com/media/Cf3TGA-UEAAq5ur.jpg https://www.scribd.com/doc/306121568/BWP-Media-v-T-S-Software-no-vicarious-liability-pdf https://www.lib.purdue.edu/uco/CopyrightBasics/fair_use.html#analysis http://www.yalelawjournal.org/terms-of-use Just added: http://boingboing.net/2016/04/17/sanders-campaign-accused-of.html Class 7: Harassment and Safety June 20 Submission policies, nonexclusive licenses, and what happens when a site, app, project or resource starts up, what happen Readings: The Internet of Garbage, Sec. 4 through Conclusion (inclusive) THE LAW OF REPUTATION AND THE INTEREST OF THE AUDIENC: https://www.bc.edu/content/dam/files/schools/law/bclawreview/pdf/52_4/04_heymann.pdf Unfriending Censorship - an EFF Report: https://s3-us-west-1.amazonaws.com/onlinecensorship/posts/pdfs/000/000/044/original/Onlinecen sorship.org_Report_-_31_March_2016.pdf?1459436925 A History of Online Moderation: http://www.theverge.com/2016/4/13/11387934/internet-moderator-history-youtube-facebook-redd it-censorship-free-speech Trolls and Online Moderation: http://www.theguardian.com/commentisfree/2016/apr/13/trolls-trampling-political-discourse-abus e https://www.youtube.com/watch?v=qfVV9mRMmTg from Uplift, filmed at VidCon 2015 Class 8: User Ownership and Control June 22 Submission policies, nonexclusive licenses, and what happens when a site, app, project or resource starts up, what happens if it closes down, as well as user use of IP created by other people or businesses. Is there any privacy when everyone has a video camera in their pocket, on their dashboard, or in their eyeglasses? If there’s no privacy, how can IP laws and rights of publicity assess and manage third party usage of someone’s content? How can individuals, and sites/social media created by businesses, nonprofits, schools and government entities avoid liability for violations, and avoid violations in the first place? Due: Draft Outline of paper, or of both policies Readings: Tushnet, Ch. 13, P. 300-305, 329-338, 342-346 https://www.privateinternetaccess.com/blog/2016/04/supreme-court-wikipedia-violates-copyright- posting-photos-public-art/ Additions: 1.https://www.buzzfeed.com/leticiamiranda/this-artist-said-snapchat-never-asked-to-use-this -his-art-fo?utm_content=bufferc21f0&utm_medium=social&utm_source=twitter.com&ut m_campaign=buffer&utm_term=.jtlQLAMAgZ#.odQZMogoBj 2.http://www.isfanficlegal.com/post/92481884824/hey-teen-wolf-fandom-mtv-has-somethin g-for-you In-Class Viewing: YouTube Copyright School videos - the archaic (https://www.youtube.com/watch?v=InzDjH1-9Ns) (and fair-use inclusive follow-on work (https://www.youtube.com/watch?v=sdVWW8qMwfU)) and relatively recent (https://youtu.be/OQVHWsTHcoc) Note: VidCon is June 22-26 Class 9: Brand Protection and Usage June 27 Counterfeiting and Watching Services, DMCA takedowns and counter-notices, and how they can be used to protect and control user-created and corporate-created content; we will also look to how US Customs, Google and non-US laws can each help in various different ways when trademarks or content is being infringed - or is noninfringing because of Fair Use. Readings: Tushnet Book, Chapter 11, INTA Powerpoint Guest: Josh Wattles, GC of DeviantArt Class 10: Startup, Development and (Bi-)Annual Review Steps June 29 We will create checklists of what needs to be done for a startup, a developing company, and any business with any employees or an online presence on a biannual, annual - and even quarterly - basis. Also, we will look at Federal and state regulation of advertising, including the FTC’s Children’s Online Privacy and Protection Act, as well as criminal laws concerning piracy, predatory behaviours and implications of anonymous users on defamation. Gamergate, doxxing and harassment issues will be discussed. Readings: Money - http://www.theatlantic.com/technology/archive/2016/04/cashless-society/477411/ Data Collection - http://www.theatlantic.com/technology/archive/2016/04/how-big-data-harms-poor-communities/477423/ Celebrity Harassment - http://motherboard.vice.com/read/the-mysterious-instagram-spat-between-demi-lovato-and-stalker-sarah?ut m_source=mbtwitter Stolen/Famous - http://www.gadgette.com/2016/02/18/stolen-resurrected-as-famous/ Class 11: TBD based on developing topics + peer review of class papers July 7 Due: Final paper or policies; they can be turned in up to 15 days after class ends Class Review Deck: https://haikudeck.com/p/c45ec9973b Students will be graded on (1) class participation, (2) the assignments due in Weeks 3 and 4, and (3) either (a) a research paper on an approved, class-related topic (must be approved by June 22) or (b) two policies - one concerning user content/behaviour and one concerning employee/contractor content/behaviour - for a corporation, government agency, NGO or school. Extra Credit: 1.Standard licenses contained within ToUs 2.Best Practices for social media policies at companies with both employees and contractors/freelancers 3.Letter to Congress on how social media-related IP issues should be included in a new Copyright Act, Lanham Act or updates computer security law 12/1/2017 Member Profile – Heidi Howard Tandy – The Florida Bar https://www.floridabar.org/directories/find-mbr/profile/?num=HeidiTandy 1/2 MEMBER PROFILE Heidi Howard Tandy Member i n Good Standing Eligible to Pract ice Law in Florida Bar Number: 163864 Mail Address: Price Benowitz Heidi Howard Tandy 1691 Michigan Ave Ste 360 Miami Beach, FL 33139-2572 United States Of 12/1/2017 Member Profile – Heidi Howard Tandy – The Florida Bar https://www.floridabar.org/directories/find-mbr/profile/?num=HeidiTandy 2/2 The Find a Lawyer directory is provided as a public service. The Florida Bar maintains limited basic information about lawyers licensed to practice in the state (e.g., name, address, year of birth, gender, law schools attended, admission year). However, The Florida Bar allows individual attorneys the opportunity to add personal and professional information to the directory. The lawyer is solely responsible for reviewing and updating any additional information in the directory. The lawyer's added information is not reviewed by The Bar for accuracy and The Bar makes no warranty of any kind, express or implied. The Florida Bar, its Board of Governors, employees, and agents are not responsible for the accuracy of that additional information. Publication of lawyers' contact information in this listing does not mean the lawyers have agreed to receive unsolicited communications in any form. Unauthorized use of this data may result in civil or criminal penalties. The Find a Lawyer directory is not a lawyer referral service. County: Miami-Dade Circuit: 11 Admitted: 04/14/1999 10-Year Discipline History: None Law School: American University, Washington College of Law, 1995 Sections: Entertainment, Arts, & Sports Solo & Small Firm Firm: Price Benowitz Firm Size: 11 to 20 Firm Position: Of Counsel Firm Website: pricebenowitz.com