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Rightsholders increasingly rely on the cooperation of online platforms, such as hosting providers and ISPs that provide access to the Internet, to adequately and effectively address piracy. Whilemainstream online platforms have usually implemented effective notice and takedown procedures, there are companies operating in grey and illegal areas. Such enterprises have developed a sophisticated ability to quickly move their services outside the reach of rightsholders.
As a result, some countries, such as those in the European Union, have chosen a broader approach than notice and takedown by allowing court orders requiring ISPs to block entire websites or filter infringing content. Others, such as Canada, have instead relied more heavily on education, adopting systems that require service providers to send notices to alleged infringers.
Our panel of international experts will review and contrast the various liability regimes that affect online platforms in US, Canada, and the EU.
Cameron Andrews, Senior Legal Advisor, IFPI, is a senior legal adviser to IFPI, the organisation that represents the recording industry worldwide. Mr Andrews’ primary areas of expertise are copyright, anti-piracy and enforcement. He has specialist knowledge of the exploitation and protection of copyright online, and online intermediary liability. His work at IFPI focuses on international copyright litigation and shaping global enforcement strategies to disrupt and close down pirate services.Prior to working for IFPI, Mr Andrews was a senior lawyer in the intellectual property group of the Australian law firm, Gilbert + Tobin, where he worked on litigation, commercial, regulatory and licensing issues for the music, digital content, media, telecoms, IT and gaming industries.
Jacqueline Charlesworth, General Counsel, U.S. Copyright Office, is the General Counsel and Associate Register of Copyrights for the United States Copyright Office (USCO). She was appointed to the position in 2013. In her position as General Counsel, Charlesworth provides legal guidance to the various divisions and programs of the USCO, including the national registration and recordation systems, and is frequently called upon by Congressional offices, the Department of Justice and other federal agencies for advice and assistance. She also has the primary responsibility for the formation and promulgation of regulations and the adoption of legal positions governing policy matters and practices of the USCO. Charlesworth joined the USCO in 2012 following several years of private practice at New York City law firms, including Morrison & Foerster, LLP, where she represented copyright owners and users of copyrighted works in litigation, regulatory, and transactional matters. From 2006-2008, she served as Senior Vice President and General Counsel of the National Music Publishers’ Association and from 2001 to 2006 was General Counsel of The Harry Fox Agency, Inc., the leading agency in the United States for the licensing of mechanical rights in musical works.
Casey Chisick, Partner Cassels Brock (CAN), is co-leader of the Copyright & Entertainment practice at Cassels Brock & Blackwell LLP in Toronto. He is certified by the Law Society of Upper Canada as a Certified Specialist in Intellectual Property (Copyright). Casey is recognized as a leading practitioner by Best Lawyers, Chambers Global, Who’s Who Legal, and the Canadian Legal Lexpert Directory and as an IP Star by Managing Intellectual Property. He is currently a Trustee of CSUSA, a member of its Executive Committee, and co-chair of its newly-established International Chapter.
Adam Rendle, Senior Associate, Taylor Wessing (UK), is a senior associate in Taylor Wessing's Media & Entertainment group and works out of their London office. His practice focuses on advising clients on exploitation, use and enforcement of their and others' intellectual property rights, particularly copyright and related rights. He specialises in advising on litigation, licensing, corporate transactions and use of content in media industries such as music, publishing, advertising, social and broadcasting. Adam holds first class degrees in law from Oxford (BA) and Cambridge (LL.M.) Universities.
Ros Lynch, Copyright and IP Enforcement Director, UK IPO, is Director of Copyright and IP Enforcement for the UK Intellectual Property Office, where she leads the work to shape the direction of policy and operational work and acts as a member of the IPO senior leadership team and Board. Prior to joining the UK Intellectual Property Office, she worked in the UK Department for Business, Innovation and Skills, where she led a series of projects to develop skills policy. She joined the UK civil service as a social researcher and spent nine years researching a range of topics for the Government, including how to address small area deprivation.
Martin Schaefer, Boehmert & Boehmert (Germany), is a Partner at Boehmert and Boehmert in Berlin working primarily in the field of intellectual property , including copyright contract law (particularly in the fields of music, literature, visual arts, science, software, games). Music industry matters and collective and individual administration of rights form a key part of his work. This includes, in particular, the law concerning collecting societies (e.g. in GEMA and ZPÜ matters) and agencies. He also frequently advises on matters involving provider liability, privacy law (data protection), electronic media law and trademark law. Dr. Schaefer is an elected member of the Board of ALAI Deutschland, an elected member of GRUR’s (Gewerblicher Rechtsschutz und Urheberrecht - Intellectual Property Association) Expert Committee for Copyright Law, and chairman of the Advisory Board of the German Music Archive at the German National Library. He is a co-chairman of the International Chapter of the Copyright Society of the USA and also acts as a trustee. He teaches at the Munich Intellectual Property Law Center (MIPLC http://www.miplc.de/llm-ip/faculty ). He sits on the Academic Advisory Board of the “Zeitschrift für Urheber- und Medienrecht” (Journal of Copyright and Media Law) and acts as a trustee for the Karl-Foerster-Foundation.
Karyn Temple Claggett, Associate Register of Copyrights and Director of Policy and International Affairs for the United States, U.S. Copyright Office (US), is the Associate Register of Copyrights and Director of Policy and International Affairs for the United States Copyright Office (USCO). She was appointed to the position in 2013. In her position, Temple Claggett assists the Register with critical policy functions of the USCO, including domestic and international policy analyses, legislative support, and trade negotiations. She directs the Office of Policy and International Affairs, which represents USCO at meetings of government officials concerned with the international aspects of intellectual property protection, and provides regular support to Congress and its committees on statutory amendments and construction. Prior to joining USCO, Temple Claggett served as Senior Counsel to the Deputy Attorney General of the United States, where she assisted with the formulation of Department of Justice policy on sensitive legal issues, and helped manage the Department of Justice’s Task Force on Intellectual Property. She also spent several years in private practice as Vice President, Litigation and Legal Affairs for the Recording Industry Association of America and at the law firm Williams & Connolly, LLP. She began her legal career as a trial attorney for the U.S. Department of Justice’s Civil Division through its Honors Program and also served as a law clerk to the Honorable Nathaniel R. Jones of the U.S. Court of Appeals for the Sixth Circuit.
Lunch will be provided