ALAI-USA
International Literary and Artistic Association
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
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