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Capital Reporting Company U.S. Copyright Office Section 512 Public Roundtable 05-02-2016

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Capital Reporting Company U.S. Copyright Office Section 512 Public Roundtable 05-02-2016 Capital Reporting Company U.S. Copyright Office Section 512 Public Roundtable 05-02-2016 1 UNITED STATES COPYRIGHT OFFICE SECTION 512 STUDY + + + + + 9:00 a.m. + + + + + Monday, May 2, 2016 + + + + + Thurgood Marshall United States Courthouse 40 Centre Street New York, New York + + + + + U.S. COPYRIGHT OFFICE: CINDY ABRAMSON JACQUELINE C. CHARLESWORTH KARYN TEMPLE CLAGGETT RACHEL FERTIG BRAD GREENBERG KIMBERLEY ISBELL (866) 448 - DEPO www.CapitalReportingCompany.com © 2016 Capital Reporting Company U.S. Copyright Office Section 512 Public Roundtable 05-02-2016 2 1 P A R T I C I P A N T S 2 ALLAN ADLER, Association of American Publishers 3 SANDRA AISTARS, Arts & Entertainment Advocacy Clinic 4 at George Mason University School of Law 5 TODD ANTEN, Quinn Emanuel Urquhart & Sullivan LLP 6 JONATHAN BAND, Library Copyright Alliance and Amazon 7 MATTHEW BARBLAN, Center for the Protection of 8 Intellectual Property 9 PERRY BASHKOFF, WEA Digital & Revenue Development 10 JUNE BESEK, Kernochan Center for Law, Media and the 11 Arts 12 ANDREW BRIDGES, Fenwick & West LLP 13 RICHARD BURGESS, American Association of Independent 14 Music 15 STEPHEN CARLISLE, Nova Southeastern University 16 ALISA COLEMAN, ABKCO Music & Records 17 SARAH DEUTSCH, Mayer Brown 18 DAMON DIMARCO, Author 19 JOSEPH DIMONA, Broadcast Music Inc. 20 TROY DOW, Disney 21 SARAH FEINGOLD, Etsy, Inc. 22 ADRIENNE FIELDS, Artists Rights Society 23 PATRICK FLAHERTY, Verizon 24 KATHY GARMEZY, Directors Guild of America 25 MELVIN GIBBS, Content Creators Coalition (866) 448 - DEPO www.CapitalReportingCompany.com © 2016 Capital Reporting Company U.S. Copyright Office Section 512 Public Roundtable 05-02-2016 3 1 P A R T I C I P A N T S 2 JIM HALPERT, DLA Piper 3 LISA HAMMER, Film Director 4 TERRY HART, Copyright Alliance 5 MICHAEL HOUSLEY, Viacom 6 DAVID JACOBY, Sony Music Entertainment 7 GEORGE JOHNSON, Author, Geo Music Group 8 HILLARY JOHNSON, Author 9 BRUCE JOSEPH, Wiley Rein LLP (for Verizon) 10 DAVID KAPLAN, Warner Bros. Entertainment 11 MARCIE KAUFMAN, Ithaka/ Artstor 12 THOMAS KENNEDY, American Society of Media 13 Photographers 14 NATALIE MADAJ, National Music Publishers Association 15 MICHAEL MICHAUD, Channel Awesome, Inc. 16 CHRISTOPHER MOHR, Software and Information Industry 17 Association 18 EUGENE MOPSIK, American Photographic Artists 19 MICKEY OSTERREICHER, National Press Photographers 20 Association 21 MARC OSTROW, Law Offices of Marc D. Ostrow 22 JENNIFER PARISER, Motion Picture Association of 23 America 24 MICHAEL PETRICONE, Consumer Technology Association 25 JANICE PILCH, Rutgers University Libraries (866) 448 - DEPO www.CapitalReportingCompany.com © 2016 Capital Reporting Company U.S. Copyright Office Section 512 Public Roundtable 05-02-2016 4 1 P A R T I C I P A N T S 2 REBECCA PRINCE, Becky Boop 3 MARY RASENBERGER, Authors Guild 4 DEBORAH ROBINSON, Viacom 5 JAY ROSENTHAL, ESL Music and ESL Music Publishing 6 STEVEN ROSENTHAL, McGraw-Hill Education 7 KEVIN RUPY, USTelecom 8 MARIA SCHNEIDER, Musician 9 BRIANNA SCHOFIELD, UC-Berkeley School of Law 10 SAMANTHA SCHONFELD, Amplify Education Holding 11 ELLEN SCHRANTZ, Internet Association 12 MATTHEW SCHRUERS, Computer & Communications 13 Industry Association 14 LISA SHAFTEL, Graphic Artists Guild 15 VICTORIA SHECKLER, Recording Industry Association 16 of America 17 KERRY SHEEHAN, Public Knowledge 18 REBECCA TUSHNET, Organization for Transformative 19 Works 20 JEFF WALKER, Sony Music Entertainment 21 MICHAEL WEINBERG, Shapeways 22 LISA WILLMER, Getty Images 23 CHARLYN ZLOTNIK, Photographer 24 25 (866) 448 - DEPO www.CapitalReportingCompany.com © 2016 Capital Reporting Company U.S. Copyright Office Section 512 Public Roundtable 05-02-2016 5 1 A G E N D A 2 TOPIC PAGE 3 Introduction/ Opening Remarks 7 4 Session 1: 5 Notice-and-Takedown Process – 6 Identification Material and Notice 7 Submission of Infringing 11 8 Session 2: 9 Notice-and-Takedown Process – Service 10 Provider Response and Counter- 11 Notifications 95 12 Session 3: 13 Applicable Legal Standards 174 14 Session 4: 15 Scope and Impact of Safe Harbors 276 16 17 18 19 20 21 22 23 24 25 (866) 448 - DEPO www.CapitalReportingCompany.com © 2016 Capital Reporting Company U.S. Copyright Office Section 512 Public Roundtable 05-02-2016 6 1 P R O C E E D I N G S 2 9:01 a.m. 3 MS. CHARLESWORTH: Good morning, everyone. 4 And welcome to the section 512 roundtables. This is 5 our first day of hearings on the DMCA notice-and- 6 takedown process. I'm Jacqueline Charlesworth, General 7 Counsel of the U.S. Copyright Office. 8 To my left is Karyn Temple Claggett, who is 9 the Associate Register and Director of our Office of 10 Policy and International Affairs and to my right is 11 our colleague, Kim Isbell, who is Senior Counsel in 12 the Policy and International Affairs office. Brad 13 Greenberg is floating around somewhere. He is Counsel 14 for Policy and International Affairs. Cindy Abramson 15 -- walking around -- is Assistant General Counsel in 16 the Office of the General Counsel. And Rachel Fertig, 17 to my far right, is a Ringer Fellow in the Copyright 18 Office. 19 So we are all delighted to be here to hear 20 your views on this very important part of the 21 copyright law. 22 It took a lot of planning to host this here 23 at the Thurgood Marshall Courthouse, and I want to 24 thank the people at the court who helped us, in 25 particular Ed Friedland, who is the Southern District (866) 448 - DEPO www.CapitalReportingCompany.com © 2016 Capital Reporting Company U.S. Copyright Office Section 512 Public Roundtable 05-02-2016 7 1 of New York District Executive, his assistant Elly 2 Harrold, Sheila Henriquez, the Space and Facilities 3 Assistant, and then we also have been helped out by 4 Anthony, who is helping with our AV, and Sammy, who 5 helped arrange the room. So we're very grateful to 6 the staff at the courthouse. 7 And I will say this, having some experience 8 with Article I and Article II facilities, Article III 9 really rocks. This is a really -- a nice moment to be 10 up here, having clerked in this courthouse. And I 11 always wondered what it felt like to sit up on the 12 bench. Now, I know. 13 So as I mentioned, we're here to discuss a 14 very important aspect of our copyright law, section 15 512, enacted in 1998 as part of the Digital Millennium 16 Copyright Act. And it's approaching the 20-year mark. 17 Unlike some other provisions of the act, it's not 18 nearly of interest only to sort of copyright nerds or 19 particular narrow industries or subsectors of 20 stakeholders. It really affects anyone who interacts 21 with the Internet, anyone who posts content, who 22 enjoys content. 23 So it has a very broad reach and it has had 24 a dramatic impact on the way the Internet has evolved 25 and content services have evolved in the United (866) 448 - DEPO www.CapitalReportingCompany.com © 2016 Capital Reporting Company U.S. Copyright Office Section 512 Public Roundtable 05-02-2016 8 1 States. And its impact -- the impact of 512 -- is 2 growing. Somewhat astonishing to me is the fact that 3 Google I think is on track to receive 1 billion 4 notices of infringement -- alleged infringement -- 5 this year. And that's just an astounding and 6 exponential number that I think may not have been 7 apparent back in 1998 when Congress was looking at 8 takedowns on bulletin boards. 9 And I guess some of the questions we'll be 10 discussing here is what does that mean and how is that 11 a good thing. Is it a bad thing? Is it - - how are 12 we managing that level of the takedown process. And 13 reviewing the comments in preparation for this 14 hearing, I was struck by a fairly wide chasm between 15 those who perceive the system as working in 16 essentially a good way and basically very beneficial 17 and those who see it as seriously flawed. And I'm 18 sure we'll be hearing more about that during the 19 course of these hearings. 20 In the past, I've been known to open a 21 roundtable discussion with a humorous quote from Dr. 22 Seuss. However, today I'm going to turn to Dickens 23 because section 512 I think calls for something a 24 little bit more serious. And it really is -- there's 25 a bit of A Tale of Two Cities going on here, I think, (866) 448 - DEPO www.CapitalReportingCompany.com © 2016 Capital Reporting Company U.S. Copyright Office Section 512 Public Roundtable 05-02-2016 9 1 when you read the comments. And it calls to mind the 2 famous quote, "It was the best of times. It was the 3 worst of times. It was the age of wisdom. It was the 4 age of foolishness. It was the spring of hope. It 5 was the winter of despair." 6 I've seen all of those sorts of themes 7 throughout the comments. And I hope -- my hope, and I 8 think the hope of my colleagues here, is that the 9 exchange of views at these roundtables will lead to 10 more hope than despair. I think we need to find some 11 common ground, or at least ideas for how to manage 12 this process going forward. And we look forward to 13 hearing from all of you regarding your thoughts on how 14 to make 512 what it can and should be. 15 So now, turning to some rules of the road - 16 - those of you who are participants have placards in 17 front of you.
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