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: Recording Industry vs The People

RIAA vice president and Ray Beckerman to share dais on Friday, March 28th, at Fordham University Law School, to discuss statutory damages

By Ty Rogers and Ray Beckerman

On Friday, March 28, 2008, at the 16th Annual "Intellectual Property Law & Policy" conference, a 2-day conference hosted by Fordham University School of Law in New York City, Kenneth Doroshow, the RIAA's Senior Vice President of Litigation and Legal Affairs, will speak on the subject of copyright statutory damages. Ray Beckerman, the author of this blog, will be a member of the panel for that discussion.

Other members of that panel will be Prof. Peter Black, Queensland University of Technology, Brisbane, Prof. Pamela Samuelson, University of California, Berkeley, and Ted Shapiro, Deputy Managing Director, VP & General Counsel ? Europe, MPA, European Office, Brussels.

In addition, Beckerman will be participating in panels discussing the "making available" concept and the role privacy rights should play in proceedings to obtain disclosure of subscriber identities from ISP's for p2p cases.

CLE credit is available for the conference.

A full description of the March 28th panels in which Beckerman will be participating is as follows:

5:05 ? 6:30
The Role, Effectiveness and Issues in Infringement Actions against Individual P2P Downloaders; Recent Legislative Initiatives Aimed at Downloaders

Moderator:
Prof. Hugh C. Hansen, Fordham University School of Law

1. What is the effect in the U.S. of the ?making available? right? Comparative approaches in Asia, interpreting the making available right, and also the intersection with secondary liability.

Speaker:
Michael Scheslinger, Greenberg Traurig LLP, Wash. D.C.

Panelists:
Ray Beckerman, Vandenberg & Feliu LLP
Prof. Brian Fitzgerald, Queensland University of Technology Law School, Brisbane
Prof. Jane Ginsburg, Columbia Law School
Prof. Mary Wong, Franklin Pierce Law Center

2. Should new limits be placed upon statutory damages? Did the supporters of P2P software and the individual defendants miscalculate the reaction of juries? A review of case law, e. g., Capitol Records v. Thomas, (D. Minn. 2007).

Speaker:
Kenneth Doroshow, Senior Vice President of Litigation and Legal Affairs, Recording Industry of America, Wash. D.C.

Panelists:
Ray Beckerman, Vandenberg & Feliu LLP
Prof. Peter Black, Queensland University of Technology, Brisbane
Prof. Pamela Samuelson, University of California, Berkeley
Ted Shapiro, Deputy Managing Director, VP & General Counsel ? Europe, MPA, European Office, Brussels

3. What role should privacy play in learning the identities of downloaders? A look at recent case law in the U.S. and EU (e.g. Promusicae in ECJ)

Speaker:
Dr. Volker Kitz, Max Planck Institute for Intellectual Property, Munich / HOECKER attorneys, Cologne
Private Peers ? What Role Should Privacy Law Play in Learning the Identities of P2P Users? The European Case

The ?Data Retention Directive? obliges access providers throughout Europe to store dynamic IP addresses. The ECJ, however, decided that privacy law might prevent right holders from obtaining this data. Where is the right balance between IP enforcement and privacy?

Panelists:
Ray Beckerman, Vandenberg & Feliu LLP
Fabienne Brison, Howrey LLP, Free University of Brussels
Eddan Katz, International Affairs Director, Electronic Frontier Foundation, San Francisco
Barbara Norcross-Amilhat, Principal Administrator, Copyright and Knowledge-
Based Economy, DG Internal Market and Services, European Commission, Brussels
Richard Pfohl, General Counsel, Canadian Recording Industry Ass?n, Toronto
Ted Shapiro, Deputy Managing Director, VP & General Counsel ? Europe, MPA, European Office, Brussels

A full description of the entire 2-day program is available online in both HTML format and PDF format.

Commentary & discussion:

p2pnet.net

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

Full post as published by Recording Industry vs The People on March 26, 2008 (boomark / email).