Session Details

10:00 – 10:15am EDT

Welcome and Introductions

10:15 – 11:15am

Lessons from Across the Pond: The UK Parliament’s Study on Music Streaming Economics

Last year, the UK Parliament published the results of a major study on the economics of music streaming, with many recommendations for changes in copyright laws. In this session, we’ll review the study and its conclusions and recommendations, and we’ll discuss how they might apply in the United States.

  • Moderator: Ann Chaitovitz, Senior Attorney (Copyright), U.S. Patent and Trademark Office
  • Will Page, Author, Tarzan Economics; former Chief Economist, Spotify
  • John Strohm, Attorney, Frost Brown Todd; former President, Concord and Rounder Records
  • Rachel Landy, Visiting Assistant Professor and Director of the Heyman Center, Cardozo School of Law
  • Jenny Douglas, vocalist, songwriter, recording artist

11:15 – 11:30am — Midmorning Break

11:30am – 12:30pm

Thank You for Your Service: The Future of the Server Test

Fifteen years ago, Perfect 10 v. established the Server Test for content embedded in web pages: the publisher of a web page can be liable for infringement of the embedded content if it also hosts the content on its own servers, but not if it merely links to content hosted elsewhere. Decisions in the Southern District of New York since then, including Goldman v. BreitbartNicklen v. Sinclair Broadcast Group, and most recently McGucken v. Newsweek, have gone the other way. Is the Server Test any more or less relevant with today’s technology, as opposed to the technology of 2007? And is it headed for the Supreme Court … or for oblivion? Our panel will discuss.

12:30 – 1:15pm — Lunch

1:15 – 2:15pm

Keynote Address

2:15 – 2:45pm — Coffee Break

2:45 – 3:45pm

Standard Fare: Standard Technical Measures in the DMCA and Beyond

Section 512(i) of the Digital Millennium Copyright Act says, in part, that an online service has to accommodate and not interfere with standard technical measures for identifying or protecting copyrighted works in order to qualify for the DMCA safe harbors. Recent DMCA reform efforts have focused attention on this heretofore obscure portion of the statute, and they are the focus of the recently proposed Tillis-Leahy SMART Copyright Act of 2022. Just what are these “standard technical measures” and how do they relate to the DMCA, the proposed legislation, and the future of online services’ copyright obligations? Our panel will demystify this murky and often contentious area.

3:45 – 4:00pm — Afternoon Break

4:00 – 5:00pm

Making College (Textbooks) Affordable

Now that many college text materials are available in digital form, publishers and universities are implementing new models for distributing and charging students for them. Among these are “Equitable Access,” in which all students pay the same flat fee per semester for all their text materials regardless of major, and “Inclusive Access,” in which publishers distribute materials digitally to all students under various subscription and billing options. This panel will explore questions such as which of these models truly help more students afford to attend college in their chosen field of study, the copyright challenges that publishers face to support these models, and how Open Educational Resources (open-licensed or public domain materials) can contribute to the goal of making college affordable for all.

  • Moderator: Chris Kenneally, Sr. Director of Content Marketing, Copyright Clearance Center
  • Laura Stevens, EVP and General Counsel, Cengage Group
  • Jim Best, Assistant Director, Merchandising & Inventory Planning, The Cornell Store, Cornell University
  • Steven Bell, Associate University Librarian for Research and Instructional Services, Temple University
  • Lily Todorinova, Open Educational Research/Undergraduate Experience Librarian, Rutgers University