Copyright Office’s Report on Section 512 of the DMCA

ABOUT THE PROGRAM:

On May 21, 2020, the Copyright Office published a 250-page report studying the impact and effectiveness of the safe harbor provisions contained in Section 512 of the Copyright Act. These provisions were enacted as part of the Digital Millennium Copyright Act over twenty years ago, and the report is the result of the Copyright Office’s first study of the effectiveness of the notice-and-takedown system since enactment. The panelists will discuss four parts of Section 512 that could benefit from legislative changes, as identified by the Copyright Office in correspondence with members of the Senate. 

Joseph C. Gratz is a litigator who is as comfortable on his feet in court as he is hashing over source code with a group of engineers. Vice-Chair of the American Bar Association IP Section’s Committee on Copyright and New Technologies, Joe is a respected commentator on copyright and Internet law. In addition to his work at Durie Tangri, Joe teaches Cyberlaw at the University of California Hastings College of the Law. A true “digital native,” Joe has been on the Internet for more than twenty years. His deep understanding of technical issues and his background as a technical writer (and as an exhibit designer for a science museum) allow him to explain complex technical concepts simply and accurately to judges, juries, and clients. Joe was named one of the nine Top Intellectual Property Lawyers Under 40 by Law360 in 2015, and shortlisted for Managing IP’s Outstanding IP Litigator award for California in 2016. He was named a Northern California IP Litigation SuperLawyer in 2013 and 2014 by SuperLawyers Magazine, after being named a Rising Star in IP Litigation in 2010, 2011, and 2012. Before becoming a partner, Joe was Durie Tangri’s first associate. He was previously an associate at Keker & Van Nest LLP, and served as a law clerk to the Honorable John T. Noonan, Jr. of the Ninth Circuit Court of Appeals in 2005-06. Joe graduated Phi Beta Kappa with degrees in English and Theatre from the University of Wisconsin-Madison in 2002. In 2005, he received his J.D., cum laude, from the University of Minnesota Law School, where he was Articles Editor of the Minnesota Journal of Law, Science, and Technology (and director of the law school musical).

Kimberley A. Isbell is the Deputy Director for Policy and International Affairs at the U.S. Copyright Office. Before joining the Copyright Office, Ms. Isbell was Senior Counsel at the American Society of Clinical Oncology, a publisher of two medical journals. Ms. Isbell is a former fellow at the Berkman Center for Internet and Society of Harvard University, where she worked on issues of law and policy affecting new media startups. Ms. Isbell also spent eight and a half years in private practice at law firms in Washington, DC and Richmond, VA. While in private practice, Ms. Isbell specialized in many aspects of domestic and international intellectual property and technology counseling, registration, and litigation. She is a graduate of Harvard Law School.

COST:

CLE CREDIT:

The Copyright Society is a Certified CLE Provider in New York and California. Program will satisfy 1.0 NY CLE credit and 1.0 CA participatory credit. 1.0 WA CLE credit pending approval by the WA Bar. The intermediate program is transitional and appropriate for both newly admitted and experienced attorneys.  Instructions for verifying attendance will be emailed to registrants prior to the program.