[Crosstalk] Enabling public interest uses of copyrighted material - a Talk by Pamela Samuelson
Phillip Long
longpd at MIT.EDU
Fri Oct 12 10:48:38 EDT 2007
Crosstalk friends: I wanted to bring to your attention a talk that is
scheduled for Nov. 6 by Pamela Samuelson which will be of interest to
anyone concerned about copyright and the Digital Millennium Copyright
Act. I think many of you with interests in technology, education,
and digital content will find this worthwhile.
A Reverse Notice and Takedown Regime to Enable Public Interest Uses
of Technically Protected Copyrighted Works
When: Tuesday, November 6 , 4:30-5:30 PM
Where: MIT Stata Center, Room 32-G449 (Kiva Seminar Room)
Who: Pamela Samuelson School of Law University of California, Berkeley
Abstract:
The WIPO Copyright Treaty (WCT) recognized the need to maintain a
balance between the rights of authors and the larger public interest
in updating copyright law in light of advances in information and
communications technologies. But the translation of this balance into
the domestic laws of the United States and European Union has not
been fully successful.
In the DMCA, Congress achieved a reasonable balance of competing
interests in its creation of safe harbors for internet service
providers. However, contrary to its apparent intention, Congress
failed to achieve a similar balance of interests when establishing
new rules forbidding circumvention of technical protection measures
(TPMs) used by copyright owners to control access to and use of their
works.
We propose adoption of a “reverse notice and takedown” procedure to
help achieve some of the balance in anti-circumvention rules that the
WCT endorsed, but which implementing legislation has thus far failed
to deliver. Under this regime, users would be able to give copyright
owners notice of their desire to make public interest uses of
technically protected copyrighted works, and rights holders would
have the responsibility to take down the TPMs or otherwise enable
these lawful uses.
Speaker:
Pamela Samuelson -- Distinguished Professor of Law and Information
Management at the University of California, Co-Director of the
Berkeley Center for Law and Technology, and advisor for the Samuelson
Law, Technology and Public Policy Clinic -- is one of the world's
foremost authorities on information technology and intellectual
property law. She has written and spoken extensively about the
challenges that new information technologies are posing for public
policy and traditional legal regimes. Samuelson is a Fellow of the
Association for Computing Machinery (ACM), a Contributing Editor of
Communications of the ACM, a past Fellow of the John D. & Catherine
T. MacArthur Foundation, an Honorary Professor of the University of
Amsterdam and received the Woman of Vision Award for Social Impact in
2005 from the Anita Borg Institute. She is a member of the Board of
Directors of the Electronic Frontier Foundation and of the Open
Source Applications Foundation, as well as a member of the Advisory
Board for the Electronic Privacy Information Center.
Host: Hal Abelson, hal at mit.edu
Regards,
Phil
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Phillip D. Long, Ph.D. (RL) Radar Radio
(SL) email: longpd at mit.edu
http://web.mit.edu/longpd/www/
longpd.htm
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