Blogging the Symposium: Filtering and Fair Use

The second panel focused its discussion on whether current methods to control copyright infringement, especially filtering and DMCA takedown notices, unduly impinge on fair use. David Sohn voiced concerns that the filtering technology would be unable to recognize content that would be considered fair use. The panel also considered whether the current fair use is working, and agreed that although it is an imperfect system, it's the best we've got. Kathleen Carignan said that it would be easier if things could categorically be determined to be fair use, but the factors test is necessary to ensure that the use is indeed "fair."

ABOVE, LEFT: Gregory Marchwinski of Red Lambda, a manufacturer of filtering software, and the rest of the panel listen to a question from the moderator. ABOVE: Jennifer Pariser of Sony explains why copyright infringement harms the music industry. Also pictured are Gregory Marchwinski (left) and David Sohn of the Center for Democracy & Technology (right).

Robert Terrell (right) explains how the University of Pennsylvania responds to DMCA takedown notices while David Sohn (left) and Kathleen Carignan of Philadelphia Volunteer Lawyers for the Arts look on.

Moderator R. Polk Wagner, far left, and the full panel.

For more on this panel, see Sherwin Siy's commentary here.

Copyright & the Internet Symposium

March 20, 2008--Yesterday, PIPG hosted notable scholars, practitioners, and policy advocates at its inaugural symposium, entitled “Copyright & the Internet: Solutions for a Digital World.” The discussion focused on the entertainment industry's ability to respond to challenges posed by mass copyright infringement on the Internet, the use of filters, and what role, if any, the government should play in protecting copyrighted works.

In the upcoming days, we will post commentary and pictures from the event. The full schedule was as follows:

Panel 1: “Industry Response to User-Generated Content: Cooperation or Litigation?”
Moderator: Prof. Gideon Parchomovsky
Panelists:
• Michael Carroll, Professor of Law, Villanova School of Law
• Lance Koonce, Partner, Davis Wright Tremaine
• Stanley Pierre-Louis, Vice President and Associate General Counsel, IP and Content Protection, Viacom
• Kevin Werbach, Assistant Professor of Legal Studies, Wharton

Featured presentations
• Kevin Kuzas, VP and General Counsel, Comcast Interactive Media
"Challenges in Internet Video"
• William Patry, Senior Copyright Counsel, Google Inc.
"Internet Metaphors and Why We Need to Lose Them"

Panel 2: “Can Copyright and the First Amendment be Reconciled in the Internet Age? Filtering, Takedown Notices, & the Role of Fair Use”
Moderator: Prof. R. Polk Wagner
Panelists:
• Kathleen Carignan, Director, Philadelphia Volunteer Lawyers for the Arts
• Gregory Marchwinski, CEO, Red Lambda
• Jennifer Pariser, Executive Vice President, Sony/BMG
• David Sohn, Senior Policy Counsel and Director, Project on IP and Technology, Center for Democracy & Technology
• Robert Terrell, LAW ’86, Associate General Counsel, UPenn

Panel 3: “Government Involvement in Copyright Regulation: Discussing the U.S. Role in Monitoring IP Infringement Online”
Moderator: Prof. Christopher Yoo
Panelists:
• Sigal Mandelker, LAW '00, Deputy Asst. Attorney General, DOJ
• David Post, Stern Professor of Law, Temple's Beasley School of Law
• Charles J. Sanders, Counsel, Songwriter's Guild of America
• Sherwin Siy, Staff Attorney and Director, Global Knowledge Initiative, Public Knowledge

PIPG would like to thank Hogan & Hartson for its generous support.