Engelberg Center Live!

On today’s episode we discuss the range of questions that the Copyright Directive raises. While the possibility of global contagion of the EU Directive remains uncertain, we speculate on the (im)possibility of transplanting the licensing  mandate of the Directive in the US context.
As filters are promoted as a silver bullet to copyright enforcement, we ask whether they even work, and who they work against. We discuss the particular impacts on users and individual content creators that lose out most in this negotiation between institutional copyright holders and large UGC platforms.

Our guests for this episode:

Kat Geddes, PhD candidate NYU Law

Jamie Greenberg, Corporate counsel, Wattpad

Meredith Rose, Public Knowledge

This episode - along with other episodes in the series - has been approved for one CLE credit in the Area of Professional Practice  category. The credit is appropriate for both newly admitted and experienced attorneys. Please email [email protected] to obtain CLE credit and for an accessible version of the transcript that includes CLE codes.

On today’s episode we focus on what the final text of Article 17 requires in terms of its two-fold licensing and filtering mandate. The text has a series of broad progressive safeguards and exceptions, leaving a lot of room for interpretation.  We discuss mixed signals (“a law that’s trying to be everything to everybody”), and the inevitable complexity of mandating automated tools within established jurisprudence around privacy and intermediary liability safe harbors.  

Will this directive hold up against legal challenges before the Court of Justice? As member states of the European Union implement this Directive, will they interpret the safeguards boldy? Or simply replicate the same ambiguities?

Our guests share their views:
Christina Angelopoulos, Lecturer in Intellectual Property Law at the University of Cambridge and a member of the Centre for Intellectual Property and Information Law (CIPIL)

Martin Husovec, Assistant Professor in Law at The London School of Economics and Political Science (LSE), formerly Tilburg University, Netherlands

This episode - along with other episodes in the series -  has been approved for one CLE credit in the Area of Professional Practice category.  The credit is appropriate for both newly admitted and experienced attorneys.  Please email [email protected] to obtain CLE credit and for an accessible version of the transcript that includes CLE codes.

Today's episode is an audio postcard from the world of IP litigation in the middle of a pandemic. Over the past few weeks we have collected conversations with law firm litigators, judges, and in-house counsel about how COVID is impacting IP litigation.  They talked about how they used to see the world, how things have changed, and how those things may remain changed after the pandemic passes.  

We think of this episode as a time capsule. It captures a moment in the late spring and early summer of 2020 where things have been different long enough to understand some of the changes, but not long enough to fully appreciate the impacts of those differences.

Special thanks to our guests:

• Mark Abate, Goodwin Procter LLP
• Erin Mehta, Hulu
• Chris Noyes, WilmerHale
• Ashok Ramani, Davis Polk & Wardwell LLP
• Claudia Ray, Kirkland & Ellis LLP
• Chief Judge Leonard Stark, U.S. District Court for the District of Delaware
• Bruce Wexler, Paul Hastings LLP

The episode is hosted by Engelberg Center Executive Director Michael Weinberg and features the two other co-creators of Glam3D.org, Sketchfab Cultural Heritage Lead Thomas Flynn and Engelberg Center Fellow Neal Stimler.

Unlike most Engelberg Center Live! episodes, which are licensed under a Creative Commons Attribution Share-Alike license, this episode is licensed under a Creative Commons Attribution 4.0 International license.  This variation allows the episode licensing to match the licensing for Glam3D.org.  

The theme music for this episode is by Jessica Batke.  The modified version of the Engelberg Center Live! theme that appears on this episode is also licensed under a Creative Commons Attribution 4.0 International license.

COVID-19 Contact Tracing Apps was originally held on May 1, 2020 to discuss the privacy implications of technology-based contract tracing applications.  The event was co-hosted by Marc Canellas and Rights Over Tech, the Engelberg Center, the Information Law Institute, and the NYU Center for Cybersecurity.  The discussion features:

-- Rachel Levinson-Waldman, Senior Counsel, Liberty and National Security, NYU Brennan Center for Justice (Moderator).

-- Lorna Thorpe, Professor of Epidemiology, Director of the Division of Epidemiology, NYU Langone School of Medicine.

-- Philip Alston, John Norton Pomeroy Professor of Law, NYU School of Law; UN Special Rapporteur on extreme poverty and human rights.

-- Ed Amoroso, Distinguished Research Professor, NYU Tandon School of Engineering; CEO, TAG Cyber LLC.

Co-hosted by the Engelberg Center and R Street, this panel discussion focused on innovation during the COVID-19 crisis. 

Moderator: Chales Duan, Director of Technology and Innovation, R St. Panelists: Michael Weinberg, Executive Director, Engelberg Center; Alicia Gibb, Executive Director, Open Source Hardware Association; Matt Lane, Executive Director, Coalition Against Patent Abuse; Ana Santos Rutschman, Professor, St. Louis University School of Law. This podcast is licensed under a Creative Commons Attribution Share-Alike 4.0 license.

You can watch the full video here: