Copyright Part 2: Enforcement and Balances

March 12

Digital technologies spawned the proliferation of sharing of media and music, which has led to a number of controversial legal and technological strategies for control and copyright enforcement. “Controversial” may be putting it lightly; the ongoing fight between copyright owners and Internet evangelists is one of the most popularly debated fights surrounding Internet control.

This class focuses on how copyright is enforced online, with particular emphasis on the "notice-and-takedown" provisions of the Digital Millennium Copyright Act ("DMCA"), which allow Internet service providers to limit their liability for the copyright infringements of their users if the ISPs expeditiously remove material in response to complaints from copyright owners. The class will also look to the now-famous fight concerning SOPA and PIPA, and other attempts to more strictly regulate against online piracy.

Readings/Watchings

• Digital Media Law Project, Claims Based on User Content and Protecting Yourself Against Copyright Claims Based on User Content

• Electronic Frontier Foundation, Takedown Hall of Shame (peruse)

• Chilling Effects, About and peruse the database.

• Matthew Ingram, Paid Content, How Google did the right thing with the NASCAR crash video, and what it matters

• Erin McKeown, A Perspective On the Complexities of Copyright and Creativity from a Victim of Infringement

Case Study: SOPA/PIPA

• Jonathan Zittrain, Kendra Albert, and Alicia Solow-Niederman, A Close Look at SOPA
• Ethan Zuckerman and Joi Ito, MIT Media Lab Opposes SOPA, PIPA

Case Study: ISP "Six Strikes"

• Brooke Gladstone, On The Media, Interview with Jill Lesser of Center for Copyright Information
• Jonathan Bailey, Plagiarism Today, The 6 Likely Impact of Six Strikes
• Corynne McSherry, EFF, The Copyright Propaganda Machine Gets a New Agent: Your ISP

Optional Readings

• Andy Sellars, Seized Sites: The In Rem Forfeiture of Copyright-Infringing Domain Names

• Wendy Seltzer, Super Bust: Due Process and Domain Name Seizure

Class Discussion

Please remember to sign your postings by adding four tildes (~~~~) to the end of your contribution. This will automatically add your username and the date/time of your post, like so: Asellars 15:29, 21 January 2013 (EST)