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Capital Reporting Company 1201 Rulemaking Process Public Roundtable 05-28-2015 2 LIBRARY of CONGRESS UNITED STATES COPYRIGHT OF Capital Reporting Company 1201 Rulemaking Process Public Roundtable 05-28-2015 2 LIBRARY OF CONGRESS UNITED STATES COPYRIGHT OFFICE SIXTH TRIENNIAL 1201 RULEMAKING HEARINGS Thursday, May 28, 2015 Library of Congress Mumford Room Washington, D.C. Reported by: Christine Allen Capital Reporting Company (866) 448 - DEPO www.CapitalReportingCompany.com © 2015 Capital Reporting Company 1201 Rulemaking Process Public Roundtable 05-28-2015 3 1 P A R T I C I P A N T S 2 United States Copyright Office: 3 Jacqueline C. Charlesworth Michelle Choe 4 Sy Damle John Riley 5 Steve Ruwe Regan Smith 6 National Telecommunication and Information 7 Administration: 8 Stacy Cheney 9 Participants: 10 Aaron Benmark Bobette Buster 11 Patrick Carey Jack Lerner 12 Molly Priya McClurg 13 Blake Reid Sherwin Siy 14 David Jonathan Taylor Bruce Turnbull 15 Michael Weinberg J. Matthew Williams 16 Michael Wolfe 17 18 19 20 21 22 23 24 25 (866) 448 - DEPO www.CapitalReportingCompany.com © 2015 Capital Reporting Company 1201 Rulemaking Process Public Roundtable 05-28-2015 4 1 P R O C E E D I N G S 2 3 Proposed Class 5: Audiovisual Works-- Derivative 4 Uses--Multimedia E-Books 5 MS. CHARLESWORTH: Good morning, 6 everyone, and welcome to the Sixth Triennial 1201 7 Rulemaking Proceeding. We are going to be 8 considering a couple of classes today, including 9 Proposed Class 5, which is up next, which is 10 titled, "Audiovisual Works--Derivative Uses-- 11 Multimedia E-Books." 12 And I want to introduce myself. I'm 13 Jacqueline Charlesworth, General Counsel of the 14 U.S. Copyright Office, and I, along with my 15 colleagues up here, will be presiding over this 16 hearing today. I'm going to ask them each to 17 introduce themselves. 18 MS. CHOE: Michelle Choe, Ringer Fellow. 19 MS. SMITH: Regan Smith, Assistant 20 General Counsel. 21 MR. DAMLE: I'm Sy Damle. I'm Deputy 22 General Counsel. 23 MR. RUWE: Steve Ruwe, Assistant General 24 Counsel. 25 MR. RILEY: John Riley, Attorney (866) 448 - DEPO www.CapitalReportingCompany.com © 2015 Capital Reporting Company 1201 Rulemaking Process Public Roundtable 05-28-2015 5 1 Adviser. 2 MR. CHENEY: And Stacy Cheney, Senior 3 Attorney at NTIA, U.S. Department of Commerce. 4 MS. CHARLESWORTH: And as I've said in 5 some of the earlier sessions, the point of these 6 hearings is really to explore areas of the record 7 that we feel are underdeveloped or where there may 8 be a disagreement in terms of the law or the 9 facts. We will be giving you each an opportunity 10 to speak, probably more than one. And we really 11 appreciate if you can focus in on those areas that 12 may be in dispute or that you think we may not 13 understand fully rather than kind of retreading 14 the ground in your written submissions, which 15 we've read. So we appreciate that. 16 The format we've been following, which 17 seems to be working pretty well, is we let 18 everyone have what we call an opening statement 19 and then batter them with questions. Now, you can 20 start speaking and then sometimes we interject 21 questions along the way as you mention things that 22 are of concern or raise an issue for us. 23 Before we get to that, though, I would 24 love for each of you to just quickly for the 25 record introduce yourself, and then if you can (866) 448 - DEPO www.CapitalReportingCompany.com © 2015 Capital Reporting Company 1201 Rulemaking Process Public Roundtable 05-28-2015 6 1 explain who it is or what it is you represent for 2 the record, that would be helpful. 3 We'll start with you, yes, Ms. Buster. 4 MS. BUSTER: Hi. I'm Bobette Buster. 5 I'm an adjunct professor at the USC Peter Stark 6 program, and I am here representing multimedia e- 7 books. 8 MR. WOLFE: Hi. My name is Michael 9 Wolfe, and you should probably disregard the blurb 10 on my tag here. I'm actually on behalf of Authors 11 Alliance, the organization for which I am the 12 executive director. 13 MS. CHARLESWORTH: Okay, one thing I 14 forgot to mention, which is a technical concern, 15 is we're only allowed to have four mikes on at a 16 time. So, yes, thank you for when you're not 17 speaking, if you could turn your mike off, that 18 would be great. 19 MR. REID: Good morning. Blake Reid, 20 from the Samuelson-Glushko Tech, Law and Policy 21 Clinic. We're co-counsel to Authors Alliance. And 22 I won't be giving an opening statement this 23 morning, I'm just here for support. 24 MS. CHARLESWORTH: Okay. 25 MR. LERNER: I'm Jack Lerner from the (866) 448 - DEPO www.CapitalReportingCompany.com © 2015 Capital Reporting Company 1201 Rulemaking Process Public Roundtable 05-28-2015 7 1 University of California Irvine Intellectual 2 Property, Arts, and Technology Clinic, and like 3 Blake, I'm here to answer questions or provide 4 support and won't be giving an opening statement 5 or anything. 6 MS. CHARLESWORTH: People have scared 7 people off. Okay. (Laughing.) 8 Ms. McClurg? 9 MS. MCCLURG: I'm Molly McClurg. I'm a 10 student at the University of Colorado Law School 11 and the Samuelson-Glushko Technology, Law, and 12 Policy Clinic. And I am representing Authors 13 Alliance and hopefully will defer to my support. 14 MS. CHARLESWORTH: So is any -- who -- 15 okay, so, Mr. Wolfe, you're going to be speaking, 16 giving the opening for Authors Alliance? 17 MR. WOLFE: That's correct. 18 MS. CHARLESWORTH: Okay. Just so I -- 19 okay. 20 MS. MCCLURG: I'll be giving testimony 21 as well. 22 MS. CHARLESWORTH: Okay. 23 MR. BENMARK: My name is Aaron Benmark. 24 I'm here on the UCI Intellectual Property, Arts, 25 and Technology Clinic's behalf. We're (866) 448 - DEPO www.CapitalReportingCompany.com © 2015 Capital Reporting Company 1201 Rulemaking Process Public Roundtable 05-28-2015 8 1 representing Authors Alliance and Bobette Buster, 2 and I'll also be presenting testimony. 3 MS. CHARLESWORTH: Could you just rotate 4 your sign a little bit for me? Oh, and speaking 5 of signs, if you have something to add to the 6 conversation, if you tilt it up, we will call on 7 you. 8 Mr. Turnbull? 9 MR. TURNBULL: Yes. I'm Bruce Turnbull. 10 I'm here representing the Advanced Access Content 11 System Licensing Administrator, LLC. 12 MR. TAYLOR: I'm David Taylor. I 13 represent DVD Copy Control Association. 14 MR. WILLIAMS: Matt Williams for MPAA, 15 ESA, and RIAA. 16 MS. CHARLESWORTH: Okay. Well, let's 17 hear about e-books. Ms. Buster, would you like to 18 go first? And I see that you're approaching the 19 podium. Is this a previously admitted exhibit or 20 it is part of the -- what happened? Excuse me 21 just a moment. 22 MR. RILEY: Exhibit 22. 23 MS. CHARLESWORTH: Okay, so this is 24 going to be I believe a presentation of Exhibit 25 22, Ms. Buster? Is that what's it been marked as? (866) 448 - DEPO www.CapitalReportingCompany.com © 2015 Capital Reporting Company 1201 Rulemaking Process Public Roundtable 05-28-2015 9 1 MS. BUSTER: Yes. Is that the number 2 for it? Yes. We have submitted -- 3 MS. CHARLESWORTH: Okay, so for the 4 record, we're going to be viewing and hearing 5 Exhibit Number 22. 6 7 MS. BUSTER: All right. So, yes, I'm 8 Bobette Buster, Adjunct Professor at the USC Peter 9 Stark Program. I am also on the guest faculty at 10 Pixar, Disney, Sony, and I lecture in programs all 11 around the world regularly at Catholic University 12 of Milan, La Fémis in Paris, Irish Film Board, et 13 cetera. 14 Now, I have always worked within the 15 ivory tower in exclusive settings. On June 2nd 16 next week, I am finally doing a sold-out event at 17 20th Century Fox Studios, and I've been labeled 18 and hailed as Hollywood's best kept secret. 19 Basically, I have been in the last 3 years 20 publishing. I've done this book which is now in 21 its sixth printing and it's been sold all over the 22 world, and professors are now ordering it for 23 their books, and it's growing in its popularity, 24 but insofar as the enhanced book, e-book, which 25 I've been working on for the last 3 years, I have (866) 448 - DEPO www.CapitalReportingCompany.com © 2015 Capital Reporting Company 1201 Rulemaking Process Public Roundtable 05-28-2015 10 1 already commissioned a major award-winning graphic 2 designer because in e-publishing the book really 3 defines the cover, I mean is defined by the cover. 4 And also I've been working with Jack Lerner, his 5 clinic, Michael Donaldson on fair use. 6 My lectures are typically about 6 hours 7 long when I deconstruct a major film, such as The 8 Godfather, Shawshank Redemption, the Pixar films. 9 I have over 50 lectures, but for the e-book, I've 10 reduced it down to 16 clips for the first one that 11 total no more than 13 minutes. I would have to -- 12 I've already commissioned and found the right 13 agency to embed this in iBooks Author, and, in 14 fact, for the last 3 years it's been a roiling 15 environment with many different concerns, with the 16 gig size of documents, now iBooks Author is up to 17 2 gigs, easy, downloadable ability.
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