Tag Archives: secondary liability

Copyright Office 512 Roundtable: Open Mic

Posted on May 3, 2016 by rtushnet

Official description: Panelists from previous sessions and observers may sign up at the roundtable to comment on topics discussed during earlier panels or raise and discuss other pertinent issues.   David Green, NBC Universal: what should the Office do at … Continue reading →

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Copyright Office 512 Roundtable: Future of 512

Posted on May 3, 2016 by rtushnet

(In homage to Jonathan Zittrain, I am giving this panel the nickname, The Future of the Internet and How To Stop It)   Official description: General trends, including notice volume and other relevant empirical data; scalability and future viability of … Continue reading →

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Copyright Office 512 Roundtable: Voluntary Measures and Industry Agreements

Posted on May 3, 2016 by rtushnet

Official description: Voluntary alternatives to and modifications of statutory notice-and-takedown process; best practices; collaborative efforts of content owners, service providers and others to address online infringement, including availability of programs to smaller service providers and creators; cooperation in identifying infringers; … Continue reading →

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Copyright Office 512 Roundtable: Technological Strategies and Solutions

Posted on May 3, 2016 by rtushnet

  Official description: Infringement monitoring tools and services; automated sending of notices, including notice parameters; automated processing of notices; role of human review; identification of works through fingerprinting, hash identifiers, and other technologies; filtering, including “staydown” capabilities; fair use considerations; … Continue reading →

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Copyright Office 512 Roundtable: Scope and Impact of Safe Harbors

Posted on May 3, 2016 by rtushnet

Scope and Impact of Safe Harbors   Official description: Scope of entities and activities covered by safe harbors; incentives (and disincentives) for creators, copyright owners, online providers, investors, and users; impact on licensing activities; effectiveness of remedies, including ability to … Continue reading →

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Copyright Office 512 Roundtable: Applicable Legal Standards

Posted on May 3, 2016 by rtushnet

Applicable Legal Standards   Official description: Actual and “red flag” knowledge requirements; financial benefit/right to control test; willful blindness; repeat infringers; good-faith requirements and Lenz; misrepresentation; fair use; use of representative lists; availability of injunctive relief; use of subpoenas; role … Continue reading →

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Copyright Office 512 Roundtable: Service provider response

Posted on May 2, 2016 by rtushnet

Session 2: Notice-and-Takedown Process—Service Provider Response and Counter-Notifications   Official description: Handling of and response to notices, including timing and notices from high-volume senders; sending and handling of counter-notifications; volume of notices and counter-notifications; costs and burdens on large- and … Continue reading →

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Copyright Office 512 Roundtable: Notice and Takedown

Posted on May 2, 2016 by rtushnet

A couple of introductory thoughts: There are over 20 panelists per hour and a half panel.  The math on that is not good in terms of substantive contributions, even if no one rolls out their talking points at all in … Continue reading →

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FESC: Regulation by Internet Intermediaries

Posted on May 1, 2016 by rtushnet

Regulation by Internet Intermediaries Moderator: Jack Balkin Emma Llanso & Rita Cant     “Internet Referral Units”: Co-Option of Private Content Moderation Systems for Extralegal Government Censorship Kate Klonick, discussant: Most UGC platforms have content standards to which users agree.  Impermissible nudity, … Continue reading →

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Website can use DMCA safe harbor for acts of its independent contractors

Posted on April 27, 2016 by rtushnet

BWP Media USA, Inc v. Clarity Digital Group, LLC, No. 15-1154 (10th Cir. Apr. 25, 2016)     BWP owns the copyrights to various celebrity photos, and its business model appears to be lawsuit-based, at least in part.  It sued defendant … Continue reading →

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