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Program and Presentations

 

ALAI 2001 Congress

Adjuncts and Alternatives to Copyright

 

Notice: All presentations are posted in the language in which they were delivered.

 

Welcoming remarks:    
 

Victor Nabhan, President, ALAI
  
Prof. Jane C. Ginsburg, Columbia Law School, President, ALAI-USA
 

Jorgen Blomqvist, Director, Copyright Law Division, (WIPO)
  
The Hon. Marybeth Peters, Register of Copyrights, U.S. Copyright Office, Library of Congress

   
Topic I:


Technological Protection of Copyrighted Works, and Copyright Management Systems
 
Part A: Overview of technological protection measures and copyright management systems
 

Keynote Presentation: A Brief Survey of the Landscape
Jeffrey P. Cunard (U.S.A), Debevoise & Plimpton, Washington, D.C.

 

KEYNOTE PRESENTATION
  
Session Chair:
Tarja Koskinen-Olsson (Finland), Kopiosto

   
Panelists:
Robert Bolick (U.S.A.), McGraw-Hill   SLIDES (.ppt)
Nic Garnett (U.K./U.S.A.), InterTrust
  
Daniel J. Gervais (Canada), Copyright Clearance Center 
Roland Louski (Belgium), Info2clear

Kate Wittenberg, Lewis E. Gilbert and David Millman (U.S.A.),
Electronic Publishing Initiative at Columbia [EPIC]
 
Part B: The market for works of authorship and the problem of "digital lock-up"

 

To what extent are technological protection measures making works more, or less, available? Are works still being distributed in unprotected form? Why or why not apply technological protections? Which sectors are the most, or least, affected by a shift from unprotected to protected formats? What is the balance between gaining exposure by releasing unprotected versions and controlling downstream copying?
 

Session Chair:
Prof. William R. Cornish (U.K.), Cambridge University
  
Panelists:
David O. Carson (U.S.A.), General Counsel, U.S. Copyright Office  

Michael A. Einhorn (U.S.A.), Economist, formerly with U.S. Justice Dept., Antitrust Division
  
Prof. Laura N. Gasaway (U.S.A.), University of North Carolina
 
Robert H. Kohn (U.S.A.), Emusic.com    
 
Part C: Situating legal protections for technological measures in the broader legal landscape

 

To this point, the Congress has addressed practical and economic issues regarding technological protection measures and copyright management systems. Now we turn to the legal issues, specifically, the role of the law in protecting technological measures against "circumvention." Before addressing copyright-related anti-circumvention laws, it is appropriate to examine other areas in which the law has buttressed technological protections, or has prohibited dissemination of circumvention technologies, for example, laws against computer crime, and prohibitions on sale of cable and satellite transmission "de-scramblers." How does legal protection for copyright-protection measures fit within this larger picture? If we find significant differences with prior legal prohibitions, what consequences should we draw from them?
 

General Reporter:
Séverine Dusollier (Belgium), Centre de Recherche en Informatique et Droit [CRID], University of Namur  
  
Session Chair:
Lise Bertrand (Canada), Canadian Broadcasting Corporation    
Panelists:
Prof. Christophe Caron (France), University of Boulogne-sur-Mer

Elliot Turrini (U.S.A.), Assistant U.S. Attorney, District of New Jersey, Department of Justice

 

QUESTIONNAIRE for Session I.C

National Reports for Session 1.C

Australia

Belgium

Canada

Denmark

Finland

France

Germany

Greece

Italy

Japan

Mexico

Netherlands

Portugal

Spain

Switzerland

United Kingdom

United States
 
Part D: What is the appropriate scope of copyright in a world of technological protections?
 

General Background Paper:
Jacques de Werra, (Switzerland) Doctor of Laws, LLM Columbia Law School

 

Subpart 1: The new or evolving "access right"
Australia, Japan, the U.S. and the European Union have adopted legal norms to protect against not only the circumvention of measures protecting against violations of traditional rights under copyright, but also against unauthorized "access" to copyrighted works. It has been argued that this kind of law creates a new right under (or over) copyright: the exclusive right to authorize access to a work of authorship. What is the "access right"? What countries have adopted it, in what terms? How is it implemented? What does it mean for copyright?
 

General Reporter:
Prof. Jon Bing (Norway), University of Oslo, Norwegian Research Center for Computers and Law  
 

Session Chair:
Prof. Sam Ricketson (Australia), University of Melbourne
  
Panelists:
Prof. Thomas Hoeren (Germany), University of Meunster
Prof. Naoki Koizumi (Japan), Sophia University, Tokyo
Shira Perlmutter (U.S.A.), AOL Time Warner
Prof. Alain Strowel (Belgium), Facultés Universitaires Saint-Louis, Brussels  
 

QUESTIONNAIRE for Session I.D.1


Subpart 2: The scope of the prohibitions on circumvention of access and/or rights controls; exceptions and limitations

 

With respect to the access right, what limitations should apply? With respect to the relationship of technological measures and traditional limitations on copyright, how can these apply in the digital environment? Which exceptions should persist? Are new ones needed? How can they be implemented without rendering the technological measures generally ineffective? If technology can accommodate exceptions, does the hardware then end up "legislating" some exceptions and excluding others?
 

General Reporter:
Prof. Pierre Sirinelli (France), University of Paris, Panthéon-Sorbonne

 

Session Chair:
June M. Besek (U.S.A.), Director of Studies, Kernochan Center for Law, Media and the Arts, Columbia Law School
 

Panelists:
Kamiel J. Koelman (Netherlands), Institute for Information Law, University of Amsterdam
Prof. Jessica Litman (U.S.A.), Wayne State University

 

Maria Martin-Prat (Spain/U.K.), IFPI (on leave from European Comission)
François Lajeunesse (Canada), Bell Canada

 

QUESTIONNAIRE for Session I.D.2    

 

Topic II:


The Relationship of Copyright and Trademarks
 
Part A: Copyright, Trademarks and Trade Dress: the overlap (and conflict?) in intellectual property regimes concerning designs and visual images

 

Discussion of trade dress and visual design trademarks, including cartoon characters: What is the basis for trademark rights in these images? How are they asserted? The status of trade dress protection and its relationship to copyright law: To what extent do copyright and trademark subject matter overlap?
 

General Reporter:
Prof. Graeme B. Dinwoodie (Scotland/U.S.),
Chicago-Kent Law School  
 

Session Chair:
Prof. Rochelle Cooper Dreyfuss (U.S.A.), New York University School of Law


Panelists:
Anne-Virginie Gaide (Switzerland), B.M.G. Avocats, Geneva
Prof. Antoon A. Quaedvlieg (Netherlands), University of Nijmegen
 
Part B: Exceptions to protection where copyright and trademark overlap: parody, news reporting and other "speech" use of trademarks

Discussion of parody and other "trademarks as speech" problems, drawn from actual controversies. Does trademark law prohibit conduct to which copyright exceptions apply? To what extent, and why, should trademark law protect against conduct affirmatively permitted as part of a copyright scheme?
    
General Reporter:
Dr. Annette Kur (Germany), Max Planck Institute, Munich


Session Chair:
Prof. Paul Goldstein (U.S.A.), Stanford Law School    

 

Panelists:
Prof. Dirk Voorhoof (Belgium), University of Ghent

Ronald S. Rosen (U.S.A.), Troy & Gould, Los Angeles

 

QUESTIONNAIRE for Sessions II.A and II.B