Copyright Intermediaries: Inviting or Averting Infringement? January 23, 2009

The 2009 symposium, entitled “Copyright Intermediaries: Inviting or Averting Infringement?”, will focus on the myriad issues surrounding secondary liability. Ninth Circuit Judge Alex Kozinski will be our keynote speaker and, once again, we have a wonderful series of panels lined up. The panels will discuss the evolution of secondary liability in copyright, Section 512′s merits and flaws, and the issues raised by filtering.

Keynote Speaker The Hon. Alex Kozinski U.S. Court of Appeals for the Ninth Circuit


Prof. Fred Yen Boston College Law School

Prof. Peter Menell Boalt Hall School of Law, UC Berkeley

Prof. Mark Bartholomew University at Buffalo Law School, SUNY

Prof. Miguel Peguera Universitat Oberta de Catalunya, Barcelona

Prof. Sonia Katyal Fordham Law School

Prof. Tony Reese University of Texas at Austin School of Law

Prof. John Palfrey Vice Dean, Library and Information Resources Harvard Law School Faculty Director, The Berkman Center

Sean Varah Composer CEO, MotionDSP

Terri Southwick Deputy General Counsel for Intellectual Property The Walt Disney Company


June M. Besek Executive Director, Kernochan Center Columbia Law School

Prof. Jane C. Ginsburg Columbia Law School

Prof. Scott Hemphill Columbia Law School

Time and Location

The symposium will take place at Columbia Law School, Jerome Greene Hall (corner of 116th Street and Amsterdam Avenue). The schedule is as follows:

9:00 – 9:30 Registration and continental breakfast

9:30 – 9:40 Welcome and introductions

9:40 – 10:30 The Hon. Alex Kozinski, Keynote Speaker

10:30 – 10:45 Break

10:45 – 12:30 Panel 1: Secondary Liability in Copyright: Common Law Developments

This panel will address the evolution of secondary liability in copyright, including the meaning of “substantial noninfringing use,” the role and significance of inducement liability, and the tradeoff between facilitating technological innovation and protecting copyrighted works.

Moderator: Jane Ginsburg; Speakers: Fred Yen, Peter Menell, Mark Bartholomew

12:30 – 1:45 Lunch

1:45 – 3:30 Panel 2: Secondary Liability in Copyright: Statutory Adjustments

This panel will discuss the merits, ambiguities and flaws of section 512 and other statutory regimes limiting liability, including the scope of service provider activities that may qualify as “storage at the direction of a user”; what is meant by “actual knowledge” or awareness of “facts or circumstances from which infringing activity is apparent”; and free speech implications of the notice and takedown mechanism.

Moderator: Scott Hemphill; Speakers: Sonia Katyal, Tony Reese, Miguel Peguera

3:30 – 3:45 Break

3:45 – 5:30 Panel 3: Filtering

This panel will address the legal and practical implications of filtering out infringing works: Is it technologically feasible to filter out such works? How might such a mechanism work? What are (or should be) the implications for legal liability of employing a filter? How could a filter accommodate fair use?

Moderator: June Besek; Speakers: John Palfrey, Sean Varah, Terri Southwick

5:30 – 5:45 Wrap up


Kernochan Center for Law, Media and the Arts
The Columbia Journal of Law and the Arts
The Horace Manges Lecture and Conference Fund