Thursday, February 24, 6:00 – 8:15 p.m.

DMCA Passé? The Unintended Consequences of the Digital Millennium Copyright Act Well After the Millennium: Viacom/YouTube and StorageTek Decisions

 

The FCBA Intellectual Property, Video Programming & Distribution, and Broadband Committees will hold a CLE on Thursday, February 24, 2011 from 6:00 – 8:15 p.m. on the DMCA Passé? The Unintended Consequences of the Digital Millennium Copyright Act Well After the Millennium: Viacom/YouTube and StorageTek Decisions.  It will be held at Dow Lohnes PLLC, 1200 New Hampshire Avenue, NW.

 

This event will focus on the controversy generated by the DCMA since its passage in 1998. Both the anti-circumvention provision – Section 1201 – and the ISP safe harbor provision – Section 512 – have been the subject of intense criticism and litigation. Critics of Section 1201 complain the law prevents users from legitimately using and copying content, while supporters believe it works to ameliorate unauthorized use of their copyrighted material. Also, the Circuits have conflicting views of the scope of 1201. Critics of Section 512 believe the recent Viacom v. Google decision has stripped content owners of protection against rampant unauthorized copying and distribution of their copyrighted content, while supporters believe it fosters innovation and growth of the Internet and that ISPs could not operate without Section 512’s protection as interpreted by the court.

 

AGENDA

 

6:00 – 6:05 p.m.         Welcome and Introduction

Dan Brenner, Co-Chair, FCBA Intellectual Property Committee, Partner, Hogan Lovells US LLP

 

6:05 – 7:05 p.m.         Topic I – Section 1201 – Digital Rights Management Anti-Circumvention Tools

 

·         The status of DMCA anticircumvention provision as separate violation of the law vs. requiring an underlying copyright violation

 

·        Effectiveness of DMCA given the widespread distribution of circumvention tools, e.g., SlySoft and the many available “freeware” circumvention software products

 

·        Should Section 1201 be changed to add a fair use exception

 

Moderator:

Jim Burger, Co-Chair, FCBA Intellectual Property Committee, Partner, Dow Lohnes PLLC

 

Speakers:

Seth Greenstein, Partner, Constantine Cannon

Fritz Attaway, Executive Vice President and Special Policy Advisor, MPAA

 

7:05 – 7:15 p.m.         Break

 

7:15 – 8:15 p.m.         Topic II – Section 512 – Internet Service Provider (ISP) Safe Harbor and the Dilemma of the Notice and Takedown Regime

 

·        The definition of “red flag knowledge” under the Viacom v. Google decision

 

·        DMCA Section 512 burdens and compliance costs on video programming producers and internet application providers

 

·        Potential changes to Section 512

 

Moderator:

Chris Fedeli, Co-Chair, FCBA Video Programming & Distribution Committee, Associate, Davis Wright Tremaine LLP

Speakers:

Alec French, Partner, Thorsen French Advocacy LLC

Johanna Shelton, Senior Policy Counsel, Google