"Fair Use by Design?" Workshop

California Room

Of expanding significance within the technological landscape are digital rights management tools. These tools raise a host of complex questions about the free exchange of information, individual privacy, freedom to publish and to innovate - questions, in other words, about the impact of technology on the exercise of legal rights. The workshop will explore the impact of digital rights management tools specifically on fair use. The workshop will use short framing presentations to stimulate dialogue among the participants and audience.

Workshop Organizer - Deirdre Mulligan, Boalt Law School, University of California

Welcome 9:30-9:45

1. Policy Context 9:45-11:00

What is Fair Use? Can it be defined? What are the domestic and international laws that influence fair use? How do users experience fair use? How has fair use evolved? What challenges does fair use pose for DRM? How does DRM threaten fair use?

  • Séverine Dusollier, Faculté de Droit (Faculty of Law), Centre de Recherches Informatique et Droit, Facultés Universitaires Notre-Dame de la Paix, Namur, Belgium PDF
  • Ann M. Bartow, Assistant Professor of Law, University of South Carolina, Columbia, Law School PDF
  • Fred von Lohmann, Senior Staff Attorney, Electronic Frontier Foundation PDF

2. Infrastructure Context 11:15-12:00

What does the semantic Web mean for fair use, DRM, information access and information control?

  • Dr. Jean-François Abramatic, Senior Vice President of Research and Development at ILOG
  • Daniel Weitzner, Technology & Society Domain Leader, W3C
  • Stefan Bechtold, Stanford Law School PPT

3. What DRM can and cannot do... and what it is or isn't doing today 12:30-1:15

DRM is in use: what underlies current DRM systems in terms of business models and visions of fair use.

  • Barb Fox, Senior Architect, Cryptography and Digital Rights Management, Microsoft WebTV PDF
  • Tomas Sander, Member of the research team, InterTrust Strategic Technologies and Architectural Research (STAR) Laboratory
  • Nic Garnett, InterTrust STAR Lab PDF

Lunch 1:15-2:00

On your own

4. Fair Use-Conscious DRM Applications 2:00-3:30

These speakers will present approaches to DRM that give primary consideration to the context-dependent side of fair use, recognizing that (a) not all creators wish to enforce the same level of copyright protection and (b) institutional/commercial/personal context of use matters.

  • Julie E. Cohen, Professor of Law, Georgetown University Law Center PDF
  • Dan Burk, Professor of Law, University of Minnesota PDF
  • Molly Shaffer Van Houweling, Fellow, Stanford Law School Center for Internet and Society; Executive Director, Creative Commons PDF
  • Fredrik Wallenberg, School of Information Management and Systems, University of California, Berkeley
  • Glenda Morgan, Learning Technology Analyst, University of Wisconsin System Office of Learning and Information Technology PDF
  • Christopher Ashley, General Counsel Univ of Wisconsin

5. Concluding Discussion 3:30-4:30

      
         
           
           


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