Past Symposia

Author-Centered Copyright Enforcement?

Published Oct 3, 2018

Abstract This Symposium explores our flexibility within international copyright law to better serve the purposes of copyright and, specifically, to benefit the individual human creators (authors) of our cultural and intellectual heritage.1  Where other contributions consider the potential for a different allocation of rights, here I explore the potential for author-centered copyright enforcement:  could we… Read more

Remedies, Enforcement and Territoriality

Published Oct 3, 2018

Abstract Thank you to everyone at the Kernochan Center for inviting me to participate and for organizing this symposium.  Like Sam Ricketson, I knew and was very fortunate to work with Jack Kernochan, and I am a better copyright lawyer because of him.  As with all practicing attorneys, I begin with this caveat:  the views… Read more

Remedies, Enforcement and Territoriality

Published Oct 3, 2018

Abstract I would like to start by thanking the Kernochan Center and all its members, in particular Jane Ginsburg, and also Rebecca Giblin, together with all the colleagues who have been involved in the conception of this Symposium.  I am happy to be back after a few years:  I was a Visiting Scholar at Columbia… Read more

Facilitating Transactions and Lawful Availability of Works of Authorship: Online Access to the Cultural Heritage and Extended Collective Licenses

Published Oct 3, 2018

Abstract The importance of providing access to the cultural heritage1 is widely accepted.  Digital technology has supplied powerful new tools to reproduce and disseminate works and at the same time has transformed the demands and expectations of end-users.2  Nevertheless, there are several issues that cultural heritage institutions (“CHIs”) must resolve in order to maintain their… Read more

Expanding the Spectrum: Open Access and the Internet Age

Published Oct 3, 2018

Abstract I speak to you as a practitioner, someone who has represented clients on both ends of the spectrum of copyright. This spectrum has at one end a closed, more traditional, proprietary model of copyright, and, at the other end of the spectrum an open, more collaborative based model of copyright.  And in between those… Read more

Facilitating Transactions and Lawful Availability of Works of Authorship: The U.S. Perspective

Published Oct 3, 2018

Abstract As Associate Register of Copyrights and Director of Registration Policy and Practice at the United States Copyright Office, a significant part of my role is to be an advocate for formalities within the limits of the Berne Convention.  I realize that many view registration, recordation, and other formalities as obstacles to authors.  However, such… Read more

Foreign Authors’ Enforcement of U.S. Reversion Rights

Published Oct 3, 2018

Abstract Thank you to all of the participants, and especially the first two panelists, for setting one part of the scene.  I am going to talk about the United States’ termination right and some Berne and private international law consequences or implications of the termination right. First, however, I’d like to advert to the two… Read more

More Money for Creators and More Support for Copyright in Society—Fair Remuneration Rights in Germany and the Netherlands

Published Oct 3, 2018

Abstract The current copyright system is intended to provide an incentive for authors to invest more time and effort in the creation of literary and artistic works (utilitarian argument), recognize the acquisition of a property right as a result of creative labour (natural law argument) and enhance authors’ freedom of expression by offering a source… Read more

A New Copyright Bargain? Reclaiming Lost Culture and Getting Authors Paid

Published Oct 2, 2018

Abstract Copyright’s fundamental structure is based on outdated assumptions, including that marginal costs of copying and distribution are high, and registration systems necessarily onerous and expensive.1  International treaties embedded these assumptions into domestic laws worldwide, and for good reasons:  when the Berne Convention prohibited formalities in 1908, it was a necessary response to compulsory registration… Read more

The International Framework for the Protection of Authors: Bendable Boundaries and Immovable Obstacles

Published Oct 2, 2018

Abstract This Article is concerned with the international framework within which authors’ rights in their works are protected and exploited.  It is not about brave new worlds that might exist outside or beyond this framework where rights and usages are reconceived and restructured on some totally new basis, but instead with what that framework presently… Read more

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

Published Sep 17, 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… Read more