Copyrights and Wrongs: Reforming Copyright Overreach

Copyright law is increasingly being used – contrary to its intended purpose of incentivizing works of creation by authors and artists — by aggrieved persons wishing to remove negative or embarrassing content about them from the internet. While Section 230 and strong First Amendment protections obviate many avenues available to plaintiffs, copyright law – be it threatened or actual litigation, and/or DMCA takedown notices — is often the strongest weapon in the toolbox for those seeking to block or remove unflattering criticism, political speech, photos, and reviews. This panel will examine the problem of copyright overreach, the limitations of the current laws’ ability to deter inappropriate enforcement of copyright claims, and explore the pros and cons of various proposals to reform the law, such as a federal anti-SLAPP statute applying to copyright cases, s. 512(f) reform and restrictions on the assignment of copyrights.

Joe Petersen, Partner, Kilpatrick Townsend & Stockton LLP (Moderator)
Kelly M. Klaus, Partner, Munger Tolles & Olson LLP
Laura Prather, Partner, Haynes & Boone LLP
John Tehranian, Professor of Law, Southwestern Law School
Brad Young, Asst. General Counsel, TripAdvisor


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