Copyright In The Age Of User-Posted Content
The popularity of user-posted content on the Internet has highlighted many issues with current copyright law, including discrepancies in fair use interpretation and the lack of efficient copyright enforcement mechanisms.
- Who should assume responsibility for monitoring these sites for copyright infringement?
- Do current laws adequately protect the copyright holder while honoring fair use provisions?
The panel, moderated by PFF Senior Fellow and Director of the Center for the Study of Digital Property James DeLong, featured perspectives from policy experts, web business owners and technologists. Participants included Christian Dawson, business manager of sales & marketing for ServInt Internet Services and board member, USIIA; Bill Rosenblatt, president of GiantSteps Media Technology Strategies and managing editor of DRMWatch; Solveig Singleton, senior adjunct fellow at The Progress & Freedom Foundation; and Don Verrilli, partner, Jenner & Block LLP.
DeLong began the discussion by framing the debate. He explained that policymakers are faced with the difficult task of "trying to strike some sort of balance between protecting creators and ensuring a continuing flow of revenues to people who make content, on the one hand, and at the same time allowing for a free flow of that content over the Internet."
In her remarks, Solveig Singleton addressed the lack of efficient and appropriate enforcement mechanisms for digital content. "The utter inefficacy of the courts in enforcing IP online means that experiments with expanded liability and new enforcement mechanisms make sense in the larger picture as a direction in which we will continue to move at a policy level," she explained. "There are problems. We need to make sure that we preserve some of the symmetry of traditional enforcement mechanisms, and we need to learn to do fairness fast food style."
Lawyer Don Verilli discussed the recent suit brought against YouTube by Viacom for copyright infringement and identified an issue copyright law currently fails to address. "The real issue, I think, and the real bone of contention between Viacom and YouTube in the many months of negotiation and discussion that led up to this suit that the parties just weren't able to resolve is, where is the responsibility going to lie for policing and monitoring to prevent this infringement?"
Christian Dawson discussed how the complexity of Internet business models can obscure who bears the liability for infringement. Dawson explained that "as a web hosting provider, we often receive DMCA notifications. We are a responsible organization; we have a DMCA registered agent. We must look at [takedown notifications] and say, okay, actually, I have no idea what this website is on our network." He continued, "and so it goes down the line and we ship responsibility from person to person to person to person and that takes time under current circumstances."
Bill Rosenblatt weighed the technical issues and burden distribution surrounding takedown notices and filtering, two alternate copyright enforcement mechanisms. He stated that takedown notices are "expensive for the content owner. Its scalability is terrible. For the network operator, to respond manually to notice and takedown 512(c)(3) notices, it's not that expensive, but it's not all that scaleable either." Alternately, "on the filtering side, it's really cheap for the content owners," Rosenblatt explained. "On the network operator side, they are the ones who have to buy and maintain the technology, so it's more expensive for them."
Related News from Mi2N:
» Copyright In The Age Of User-Posted Content
» Nordic & British Musicians' Unions' Joint Statement on Sexism in the Music Industry
» Women Make An Impact On The 2018 MPG Awards Shortlist
» Two-Sides of Copyright Finance: Sound Royalties & Kobalt
» Career Moves: ROLI, Live Nation Sweden, Music Glue, BBR Music Group, Warner/Chappell Music Spain & Blue Night Soundscapes
» Europe's Digital Music Leaders Form Alliance
News Beat Directory
» [2017-11-21] Joint Statement By The Nordic Musicians' Unions And British Musicians' Union; Discussions On The Issue Of Gender Inequality, Sexism And Sexual Harassment, The Scale Of Which Had Been Highlighted By The Recent #metoo Campaign
» [2017-11-13] Women Make An Impact On The 2018 MPG Awards Shortlist; Nearly A Quarter Of Those Named This Year Are Female, Proving That Music Production Is No Longer A Bastion For The Boys
» [2017-11-13] The Nashville Musicians Sound Healthcare Plan Rolls Out; Sound Healthcare & Financial Announced The Formation Of A True Group Health Insurance Policy Plan For Musicians And Industry Professionals
» [2017-11-09] Streaming & Listening Diversity - Spotify Case Study; Will Artists Have An Easier Time Finding An Audience, Or Will Streaming Focus Global Attention On A Small Number Of Stars?
» [2017-11-09] Two-Sides Of Copyright Finance: Sound Royalties & Kobalt; Sound Royalties Unearths Millions In Undistributed Royalties While Kobalt Launches Fund To Invest In Music Copyright
» [2017-11-08] Career Moves: ROLI, Live Nation Sweden, Music Glue, BBR Music Group, Warner/Chappell Music Spain & Blue Night Soundscapes; ROLI Chief Creative Officer, Live Nation Sweden Managing Directors, Music Glue Global Head Of Business Development, BBR Music Group VP Of International, Warner/Chappell Music Spain Managing Director And Blue Night Director Of Music Clearance
» [2017-11-08] Europe's Digital Music Leaders Form Alliance; European Digital Music Companies Launch Of Digital Music Europe
» [2017-11-05] Pandora Subscriber Base Grows To Over 5 Million; Pandora Premium Paid Subscribers Cross The 1 Million Milestone In October 2017
» [2017-11-05] Hybrid Studios Announces Online Mastering Services; Engineers Billy Klein And Brian Frederick Spearhead New Online Mastering Effort Through OC Studio
» [2017-11-05] Music Industry Betting On VR & AR For New Revenue; The Music Industry Is Making An Early Bet On VR & AR To Create New Revenue Streams Across All Their Lines Of Business
» [2017-11-04] Sound Royalties Unearths Millions In Undistributed Royalties; Nearly $14 Million In Undistributed Royalties Has Been Found By Music-focused Finance Firm Sound Royalties
» [2017-11-02] MusicDish*China October China Label Music Releases And Charts; Several Tracks From October Releases Have Charted On Chinese Music Portal Kanjian ING Top 10 Weekly Chart
follow MusicDish on