Capital Reporting Company U.S. Copyright Office Section 512 Public Roundtable 05-03-2016 1 UNITED STATES COPYRIGHT OFFICE SECTION 512 STUDY + + + + + 9:00 a.m. + + + + + Tuesday, May 3, 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 05-03-2016 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 5 JONATHAN BAND, Library Copyright Alliance and Amazon 6 MATTHEW BARBLAN, Center for the Protection of 7 Intellectual Property 8 GREGORY BARNES, Digital Media Association 9 JUNE BESEK, Kernochan Center for Law, Media and the 10 Arts 11 ANDREW BRIDGES, Fenwick & West LLP 12 WILLIAM BUCKLEY, FarePlay, Inc. 13 STEPHEN CARLISLE, Nova Southeastern University 14 SOFIA CASTILLO, Association of American Publishers 15 ALISA COLEMAN, ABKCO Music & Records 16 ANDREW DEUTSCH, DLA Piper 17 TROY DOW, Disney 18 TODD DUPLER, The Recording Academy 19 SARAH FEINGOLD, Etsy, Inc. 20 KATHY GARMEZY, Directors Guild of America 21 JOHN GARRY, Pearson Education 22 MELVIN GIBBS, Content Creators Coalition 23 DAVID GREEN, NBC Universal 24 TERRY HART, Copyright Alliance 25 MICHAEL HOUSLEY, Viacom (866) 448 - DEPO www.CapitalReportingCompany.com © 2016 Capital Reporting Company U.S. Copyright Office Section 512 Public Roundtable 05-03-2016 3 1 P A R T I C I P A N T S 2 SARAH HOWES, Copyright Alliance 3 WAYNE JOSEL, American Society of Composers, Authors 4 and Publishers 5 BRUCE JOSEPH, Wiley Rein LLP (for Verizon) 6 DAVID KAPLAN, Warner Bros. Entertainment 7 THOMAS KENNEDY, American Society of Media 8 Photographers 9 DAVID KORZENIK, Miller Korzenik Sommers Rayman LLP 10 JOSHUA LAMEL, Re:Create 11 DINA LAPOLT, LaPolt Law, PC 12 MICHAEL MICHAUD, Channel Awesome, Inc. 13 CHRISTOPHER MOHR, Software and Information Industry 14 Association 15 EUGENE MOPSIK, American Photographic Artists 16 MICKEY OSTERREICHER, National Press Photographers 17 Association 18 JENNIFER PARISER, Motion Picture Association of 19 America 20 MICHAEL PETRICONE, Consumer Technology Association 21 JANICE PILCH, Rutgers University Libraries 22 CASEY RAE, Future of Music Coalition 23 MARY RASENBERGER, Authors Guild 24 STEVEN ROSENTHAL, McGraw-Hill Education 25 KEVIN RUPY, USTelecom (866) 448 - DEPO www.CapitalReportingCompany.com © 2016 Capital Reporting Company U.S. Copyright Office Section 512 Public Roundtable 05-03-2016 4 1 P A R T I C I P A N T S 2 MARIA SCHNEIDER, Musician 3 BRIANNA SCHOFIELD, UC-Berkeley School of Law 4 MATTHEW SCHRUERS, Computer & Communications Industry 5 Association 6 LISA SHAFTEL, Graphic Artists Guild 7 VICTORIA SHECKLER, Recording Industry Association of 8 America 9 KERRY SHEEHAN, Public Knowledge 10 LUI SIMPSON, Association of American Publishers 11 HOWIE SINGER, Warner Music Group 12 REBECCA TUSHNET, Organization for Transformative Works 13 DARIUS VAN ARMAN, American Association of Independent 14 Music 15 LISA WILLMER, Getty Images 16 NANCY WOLFF, Digital Media Licensing Association 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 05-03-2016 5 1 A G E N D A 2 TOPIC PAGE 3 Introduction/ Opening Remarks 6 4 5 SESSION 5: 6 Technological Strategies and Solutions 8 7 8 SESSION 6: 9 Voluntary Measures and Industry Agreements 89 10 11 SESSION 7: 12 Future of Section 512 163 13 14 SESSION 8: 15 Wrap-Up/ Open Mic 244 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 05-03-2016 6 1 P R O C E E D I N G S 2 MS. CHARLESWORTH: Good morning, everyone, 3 and I see a lot of familiar faces. My name is 4 Jacqueline Charlesworth. I'm the General Counsel and 5 the Associate Register at the U.S. Copyright Office. 6 Welcome back to the section 512 roundtables where 7 we're discussing notice-and-takedown -- the process 8 under section 512 of Title 17, often referred to the 9 DMCA takedown process. 10 To my left, I have a colleague, Brad 11 Greenberg, who is Counsel in the Office of Policy and 12 International Affairs at the office. And to my 13 immediate left, Karyn Temple Claggett, who runs that 14 office. On my right is Kim Isbell who is -- 15 I'm sorry, Senior Counsel in PIA. I'm 16 surrounded by PIA people here. And down at the end, 17 Rachel Fertig who is a Ringer Fellow at the Office. So 18 we're happy to have you today to continue our 19 discussion. 20 Just before I get into this particular 21 session, I wanted to point out we have sign-up sheets 22 on the podium in the middle of the room. 23 For people who wish to comment at the end of 24 the day, we're going to have what we call an open mic. 25 We particularly are interested in anyone (866) 448 - DEPO www.CapitalReportingCompany.com © 2016 Capital Reporting Company U.S. Copyright Office Section 512 Public Roundtable 05-03-2016 7 1 who's been observing who hasn't had a chance to 2 participate in the roundtables. You'll see two lists 3 there. One is for observers; one is for participants. 4 But at the very end of the day, we will be allowing 5 people to make brief remarks for the record on 6 anything they care to address that they feel wasn't 7 fully addressed in the hearing. 8 So by all means, sign up if that's something 9 you're interested in doing. 10 This particular panel, Panel 5 or Session 5, 11 concerns technological strategies and solutions. A lot 12 of this material was sort of touched upon yesterday, 13 but we really didn't get into a lot of detail 14 regarding, you know, what technologies are available 15 or potentially available to help both users of this 16 process and those who are responding to notices. And 17 where are we in the evolution of that technology and 18 how does it relate to the incentives provided under 19 the law. 20 We will be hopefully taking a little bit of 21 a closer look at those issues and are particularly 22 interested in hearing from people who actually have 23 worked with these systems and some of the details of 24 how they work and the costs and so forth. 25 As we did yesterday, we'll be calling on (866) 448 - DEPO www.CapitalReportingCompany.com © 2016 Capital Reporting Company U.S. Copyright Office Section 512 Public Roundtable 05-03-2016 8 1 people. If you'd like to speak, tip your card up, and 2 we will hopefully get around to you -- we'll try to. 3 We have a timekeeper down there. We're trying to limit 4 the remarks to two minutes apiece so that we can get 5 everyone in, usually for a couple remarks or a couple 6 comments for the record. 7 We do have a court reporter, who's taking 8 down your words today, so we will be making a public 9 transcript available on our website eventually. 10 It's important that we try not to speak over 11 one another. 12 And let's see, I'm going to - I have already 13 introduced us. I'm going to start off this session by 14 allowing you to introduce yourselves and if you could 15 briefly in your -- very briefly in your introduction, 16 explain what your relationship is to the technologies 17 we'll be talking about. Are you someone who uses them? 18 Have you helped develop them? Are you 19 overseeing them? And also, tell us what your 20 affiliation is if you're representing an organization 21 today. 22 Session 5: Technological Strategies and 23 Solutions 24 So without further ado, I think I'm back to 25 -- I'm going to start on the right and work left since (866) 448 - DEPO www.CapitalReportingCompany.com © 2016 Capital Reporting Company U.S. Copyright Office Section 512 Public Roundtable 05-03-2016 9 1 we have a tendency to go in the other direction. So I 2 think that we're going to begin with you, Ms. 3 Castillo. Can you just introduce yourself for the 4 records and just very briefly explain why you're on 5 this panel relating to technology. 6 MS. CASTILLO: Okay. I'm Sofia Castillo. I'm 7 a staff attorney at the Association of American 8 Publishers, and many of our members use technologies 9 to address piracy on a regular basis. 10 MR. BAND: I'm Jonathan Band representing the 11 Library Copyright Alliance and our concern with 12 various technologies is the possibility of over- 13 notice, over take-down and negative implications on 14 fair use and other exceptions. 15 MR. HOUSLEY: I'm Michael Housley. I'm 16 counsel content protection at Viacom. Part of my 17 responsibilities are overseeing our content protection 18 vendors, many technology vendors, as well as our use 19 of YouTube's Content ID, and we're constantly meeting 20 with a bunch of different vendors in the marketplace. 21 MS. HOWES: So my name is Sarah Howes.