Section 512 Study Public Roundtable

New York Section 512 Study Roundtable on May 2 & 3, 2016
Stanford Section 512 Study Roundtable on May 12 & 13, 2016

Request to Participate

Thank you for your interest in participating in a section 512 study roundtable. The roundtable hearing rooms will have a limited number of seats for participants and observers. Due to the limited capacity, each participating entity may designate only one individual to represent it at a particular roundtable session. An entity may have different individuals represent it at different roundtable sessions, but each such individual should complete and submit a separate request form.

The Office will attempt to accommodate preferences to the greatest extent possible while allowing for a maximum number of viewpoints at the roundtables. Individuals who submit a timely request will receive a response to their request by email, which will indicate the specific session(s) in which they are scheduled to participate. Depending upon the number and preferences of individuals seeking to participate, it is possible that the Office will not be able to accommodate all requests.

If you are interested in participating in one or more roundtable sessions, please submit your completed form through this website no later than April 11, 2016. Requests to participate should be submitted electronically through this website by supplying the requisite information and clicking on the “submit” button. If an individual is unable to submit the form electronically, due to lack of access to a computer and/or the internet, please contact Rachel Fertig at 202-707-8350 for further instructions.

Note: Use this form only to indicate that you wish to participate in a public roundtable. For individuals who simply wish to observe roundtable sessions, the Office will provide public seating on a first-come, first-served basis on the day of the roundtable. Because space is limited, and to allow for a diverse audience, we ask that entities limit observers to one or two per session. Following discussion of the various agenda topics by roundtable participants, observers at the roundtables will be provided a limited opportunity to offer additional comments for the record as the final session on the second day.

We apologize in advance if the roundtable reaches its capacity and we are unable to accommodate all who might wish to participate or attend. The Office has made arrangements to transcribe the proceedings for the record and the transcripts will be posted on our website when they become available.

Participant Information

Email Address

If another individual from the same entity also wishes to participate, please provide that person's name (but please note that each individual seeking to participate must submit a separate form).

Roundtable Location Preference

Rank the location by order of preference, with 1 being the location you are most interested in and 2 the least. If there is a location you cannot attend, put an N in the space next to that location.

New York, NY (May 2 & 3)
Stanford, CA (May 12 & 13)

Session Preference

Rank the sessions by order of your level of interest, with 1 being the session you are most interested in and 7 the least. If there is a session that you are not interested in, put an N in the space next to that panel.

Day 1

Morning Agenda
Interest Level

Session 1: Notice-and-Takedown Process—Identification of Infringing Material and Notice Submission

Overall effectiveness of process, including issues relating to timing and linked content; volume of notices; burdens on large and small-scale creators and copyright owners; considerations and strategies in sending notices, including automated notices versus human review; fair use considerations; moral rights issues; “whack-a-mole” issue; relevant empirical data; and other pertinent issues.

Session 2: Notice-and-Takedown Process—Service Provider Response and Counter-Notifications

Handling of and response to notices, including timing and notices from high-volume senders; sending and handling of counter-notifications; volume of notices and counter-notifications; costs and burdens on large and small-scale service providers; role of automation, including filtering technologies; noncompliant notices and misuse of notice process; rejection of notices; impact of takedowns on users and public; protections for fair use; relevant empirical data; and other pertinent issues.

Afternoon Agenda

Session 3: Applicable Legal Standards

Actual and “red flag” knowledge requirements; financial benefit/right to control test; willful blindness; repeat infringers; good-faith requirements; misrepresentation; fair use; use of representative lists; availability of injunctive relief; use of subpoenas; role of “standard technical measures”; and other pertinent issues.

Session 4: Scope and Impact of Safe Harbors

Scope of entities and activities covered by safe harbors; incentives (and disincentives) for creators, copyright owners, online providers, investors, and users; impact on licensing activities; effectiveness of remedies, including ability to proceed in federal court in case of disputed notice or misrepresentation; economic impact on creators, copyright owners, service providers and copyrighted works; relevant empirical data; and other pertinent issues.

Day 2

Morning Agenda

Session 5: Technological Strategies and Solutions

Infringement monitoring tools and services; automated sending of notices, including notice parameters; automated processing of notices; role of human review; identification of works through fingerprinting, hash identifiers, and other technologies; filtering, including “staydown” capabilities; fair use considerations; identification and tracking of repeat infringers; and other pertinent issues.

Session 6: Voluntary Measures and Industry Agreements

Voluntary alternatives to and modifications of statutory notice-and-takedown process; best practices; collaborative efforts of content owners, service providers and others to address online infringement, including availability of programs to smaller service providers and creators; cooperation in identifying infringers; graduated response programs to address infringement; efforts to delist or downgrade infringing materials within online search results; participation of third-party providers, such as advertisers and payment processors, in voluntary arrangements; overall effectiveness of voluntary arrangements; educational outreach; government role in encouraging private solutions; and other pertinent issues.

Afternoon Agenda

Session 7: Future of Section 512

General trends, including notice volume and other relevant empirical data; scalability and future viability of section 512 notice-and-takedown system; relevant technological developments; impact of international models and norms; overall balance (or imbalance) of system with respect to copyright owners, service providers and consumers; whether system is fulfilling Congress’ intended objectives; suggested improvements, including “notice-and-staydown” and enhanced protections against misuse of takedown process; interests of users and the general public; and other pertinent issues.

Session 8: Wrap Up/Open Mic

Panelists from previous sessions and observers may sign up at the roundtable to comment on topics discussed during earlier panels, or raise and discuss other pertinent issues.

Provide a brief explanation as to why you wish to participate in a public roundtable, including, if you would like, your interest in specific panels.

Clicking "submit" will file your request with the U.S. Copyright Office. The next screen will display a printable page showing the complete information you entered. You will also receive an email copy of your request.

The Office will review these requests and develop a list of selected participants for each session. Selected participants will be notified directly by the Office. In addition, on or about April 18, 2016, the Office expects to post, on the section 512 study page, the agenda for the New York and California roundtables, including the participants for each session.

PRIVACY ACT ADVISORY STATEMENT Required by the Privacy Act of 1974 (P.L. 93-579)

The authority for requesting this information is 17 U.S.C. § 701. Furnishing the requested information is voluntary. But if the information is not furnished, the Office may be unable to allow your participation in the public roundtable or hearing. The principal use of the requested information is to organize public roundtables and hearings and to communicate with potential participants.

NOTE: No other advisory statement will be given in connection with this request. Please keep this statement and refer to it if we communicate with you regarding this request.