CSUSA Media Library: Session Details

Session Name: The 10th Anniversary of the DMCA, Part 2: Is Section 512 a Safe Harbor in the Sea of User-Generated Content?
MeetingType: Chapter Meeting
Date: 04/22/08
Description: New York Chapter: Have the “safe harbors” implemented by Section 512 of the Digital Millennium Copyright Act of 1998 provided satisfactory shelters? These “safe harbors” were a compromise between the content owners’ concerns about protecting their works from widespread, unlicensed dissemination over the internet -- and websites and technology companies’ concerns about innovating without fear of infringement liability if providing internet connectivity, hosting and other online services could subject them to copyright infringement liability for their users’ acts. Ten years later, we revisit the language and intent of Section 512, examine still-unresolved issues, and ask whether changes are needed. On this 10th anniversary, numerous unsettled issues continue to swirl around Section 512 and the rules, requirements, and relief afforded by its “safe harbors”. Amazon.com, eBay and Google have successfully invoked Section 512, while other sites, including Napster and Aimster, have sought the protections of Section 512 to no avail. More recently, Google and YouTube have claimed “safe harbor” protection in suits related to user-generated content (UGC), brought by Viacom Inc. and other copyright owners -- seeking a billion dollars in statutory damages. What are the proper yardsticks by which to determine whether “safe harbor” protection is available in the context of UGC? What constitutes “financial benefit,” “control” and “knowledge” that would preclude protection? And does the adoption of prophylactic technologies potentially forfeit “safe harbor” coverage?
Program Details
Course Materials
Speaker(s): Bruce Joseph, Stanley Pierre-Louis
Moderator(s): Tom Hentoff
Keywords: DMCA, Internet|Online, Internet Service Providers, Notice and Takedown, Section 512