Section 512 Safe Harbor: Challenges and Opportunities in User-Generated Content
March 8, 2018, 1:00pm – 6:15pm
University of Colorado Law School
Wolf Law Building, Wittemyer Courtroom
2450 Kittredge Loop Road
- Website: https://siliconflatirons.org/events/section-512-safe-harbor/
- Registration: Online registration will close Wednesday, March 7 at 9:00am. Walk-in registration is welcome.
Today’s most popular platforms – including YouTube, Facebook, Twitter, and Pinterest – are powered by copyrighted content, user-generated content, and often combinations of the two. The Section 512(c) Safe Harbor for Online Service Providers (OSPs) allows service providers who meet certain criteria to absolve themselves of liability for copyright infringement stemming from content posted by users without their knowledge. This immunity hinges on a regime known as “notice and takedown” (NTD).
In this fourth annual conference, Silicon Flatirons will bring together industry leaders, platform executives, artists, academics, and policymakers in a series of panels to consider the following inquiries:
- What exactly does Section 512(c) say, and why?
- What are the various concerns around NTD, and how effective is it anyway?
- Is the primary concern still piracy, or have we moved on to concerns around the perceived “value gap” between payments made by 512(c) compliant platforms and others? And what are some other concerns outside of piracy (free speech, etc.)?
As the focus shifts from P2P to platforms, we’ll also consider the role, responsibilities, and capabilities of OSPs. We’ll start by examining how OSPs and search engines actually work. As we move toward an app-driven environment, we’ll consider the logistical limitations of NTD.
What’s next? As we look toward a cooperative future, what lessons can we take from the European Union, where tech companies and rights holders have recently reached a voluntary code of conduct? What can we take to discussion around trade policy and trade negotiations? To what extent are we comfortable with private industry setting the rules?
- Sandra Aistars — Moderator
Clinical Professor, Senior Scholar, Director of Copyright Research and Policy of CPIP, Antonin Scalia Law School, George Mason University
- Jon Berroya — Panelist
Vice President, Legal Affairs, Entertainment Software Association
- Jane Clark — Panelist
Writer, Director, Producer, FilmMcQueen Productions
- Laura Hyunjhee Kim — Panelist
Multimedia Artist, SEICA
- Corynne McSherry — Panelist
Legal Director, Electronic Frontier Foundation
- Michael O’Leary — Panelist
Senior Vice President, 21st Century Fox
- Joe Waz — Moderator
Senior Strategic Advisor, Comcast NBCUniversal
- Cindy Abramson — Panelist
Assistant General Counsel, U.S. Copyright Office
- David Carson — Panelist
Senior Counsel for Copyright, Office of Policy & International Affairs, U.S. Patent & Trademark Office
- Keith Kupferschmid — Panelist
Chief Executive Officer, Copyright Alliance
- Geoffrey A. Manne — Panelist
Executive Director, International Center for Law & Economics
- Steven M. Marks — Panelist
Chief, Digital Business and General Counsel, Recording Industry Association of America
Please note: Per university alcohol policy, only registered guests will be admitted to the reception.