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Cracks in the Safe Harbor: Digital Copyright at Home and Abroad

Copyrights are granted globally and digital content on platforms is distributed globally. Therefore, publishers and digital platforms must consider a global approach to content management and copyright. In the U.S., the notice and takedown provisions of the Digital Millennium Copyright Act give platforms breathing room to avoid liability for the distribution of user generated content – though an array of new case law adds complexity to DMCA safe harbor compliance. See, e.g., BMG v. Cox, Mavrix Photographs, Vimeo, Lenz, & Grooveshark. European copyright law, on the other hand, increasingly appears to protect publishers and other rightsholders from digital platforms, which may be viewed as a threat. Recent CJEU decisions, GS Media v. Sanoma Media and Filmspeler, create uncertainty at the least, and could create, in certain circumstances, copyright liability for mere linking to infringing materials. Similarly, at both the national and EU level, copyright reforms are being
proposed and adopted that create new rights for publishers and burdens for digital platforms.

Benjamin Glatstein, Assistant General Counsel, Microsoft (Moderator)
Caleb Donaldson, Copyright Counsel, Google Inc.
Joseph C. Gratz, Partner, Durie Tangri LLP
Lisa Peets, Partner, Covington & Burling LLP


Europe’s War on U.S. Platforms

Europe’s War on U.S. Platforms

Many government entities in the EU appear to be gunning for U.S.-based digital companies. This is reflected in the new copyright law discussed in the earlier panel, but is also seen in a variety of data protection & privacy regulations: GDPR, Privacy Shield, right to be forgotten (including possibility of requiring global search removals under Google Spain, and expansion of RTBF beyond search engines), and increasing discomfort among U.S. platforms that the EU is seeking to project its law and values on the rest of the world. This panel will attempt to better understand Europe’s way of thinking about these issues and offer strategies for digital companies – not just the big players – but smaller startups that will have to grapple with the unintended consequences of the long arm of European regulations. This session will open with a 20-minute keynote speech from Yale Law School Dean, Robert Post, based on his paper, “The News about Google Spain: Management, Civility,
and The Right to Be Forgotten.”

Jacob P. Goldstein, Associate General Counsel, Dow Jones & Company Inc. (Moderator)
Robert Post, Dean and Sol & Lillian Goldberg Professor of Law, Yale Law School (Keynote)
Jens van den Brink, Attorney at Law/ Partner, Kennedy Van der Laan
Jonathan Kanter, Partner, Paul, Weiss, Rifkind, Wharton & Garrison LLP
Daphne Keller, Director of Intermediary Liability, Stanford Center for Internet & Society

Digital Media Meets Data Nationalism: Global Strategies to Cope

By role-playing a series of take-down and user data request scenarios involving the EU, South America and elsewhere–even the US–a panel of experienced digital media counsel/insiders will provide both legal and practical guidance on facing the crazy quilt of challenges posed by national and cross-national demands and conceptions of privacy, security and free speech. The panel will also consider the pros and cons of a proposed global strategy for improvement.

Jeff Rabkin, Partner, Jones Day (Moderator)
Aaron Altschuler, Counsel, ZwillGen PLLC
Ed Britan, Regulatory Affairs Attorney, Microsoft Corp.
Bertrand De La Chapelle, Co-Founder & Director, Internet & Jurisdiction Project
Shantal Rands Poovala, Sr. Manager Online Legal Operations, Google Inc.

Managing the International Legal Needs of Digital Media

Counsel will discuss their experiences coping with the demands of a cross-border legal environment as a practical matter: evaluating international needs, finding and working with counsel, dealing with foreign governments and crisis management. When do you worry that your company’s activities will trigger international scrutiny or liability? Do you have counsel on call in every country where there might be jurisdiction, or just in some? Which substantive legal issues should concern you the most on an international basis? These are just some of the questions our seasoned panel of attorneys will tackle.

Panelists:  Matt Sucherman, VP & Deputy General Counsel, Google, Inc. (Moderator); Ben Allgrove, Partner, Baker & McKenzie LLP (UK); Ben Lee, Legal Counsel, Twitter; Michelle Paulson, Senior Legal Counsel, Wikimedia Foundation; Hilary Ware, VP & Associate General Counsel, Netflix.