Entertainment, Arts, and Sports Law Commons^™

Panel I: The Patent Landscape With Bilski On The Map, Jeanne C. Fromer, James W. Dabney, Clarisa Long, Brian P. Murphy

Faculty Scholarship

Welcome to the 2009 Fordham Intellectual Property, Media and Entertainment Law Journal’s Symposium titled, “Functionality: At the Crossroads of IP.” My name is Regina Schaffer-Goldman, and I am the Editor-in- Chief of the 20th Volume of the Journal, which is more affectionately known as the IPLJ.

We are so pleased to see the culmination of many months of preparation today. It is the IPLJ’s 20th Anniversary Edition, and we wanted to commemorate this occasion with a fantastic Symposium. As you will see, we have assembled a truly all-star group of legal scholars and practitioners today.

User-Generated Content Sites And Section 512 Of The Us Copyright Act, Jane C. Ginsburg

Faculty Scholarship

This book chapter considers the liability of entrepreneurs of ‘user-generated content’ (UGC) sites. These immensely popular fora, such as YouTube and My Space, enable their participants to post and view a great variety of content, not all of it in fact generated by the posting user. The legislative compromise worked out between telecommunications providers and content owners in the 1998 ‘Digital Millennium Copyright Act’ provides the statutory framework, at once insulating the operators of UGC sites from debilitating copyright sanctions, while still affording meaningful relief to copyright owners. The statutory criteria to qualify for the section 512(c) safe harbor are …

The Graduated Response, Peter K. Yu

Faculty Scholarship

In the past few years, the entertainment industry has deployed aggressive tactics toward individual end-users, online service providers, and other third parties. One of the latest proposals that the industry has been exploring is the so-called “graduated response” or “three strikes” system, which threatens to suspend the service of internet users after they have received two warnings from their ISPs about potentially illegal online file-sharing activities.

In December 2008, the RIAA made a formal public announcement of its change of focus toward greater cooperation with ISPs. This new collaborative effort seeks to replace the highly unpopular lawsuits the industry has …