The Restatement of Copyright Law: Past, Present and Future - Speaker view
Columbia Law Zoom (B)
To all panelists: if you could wait to answer questions verbally, we would appreciate it. Thank you!
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Hi Melissa, please feel free to type any questions into the Q&A function!
Columbia Law Zoom (B)
To attendees: we are answering questions via Q&A, and cannot respond to raised hands or questions in the chat.
Chris Newman
One could of course flip Jessica’s question and ask: if a Restatement is not thought to have privileged authority, why is it so important to have one in a field already served be several comprehensive treatises?
Shyam Balganesh
Chris: Do you mind posting in the Q&A? I’ll throw it to the panel.
Jeanne Fromer
Because treatises reflect an individual author's view rather than being considered by a collective group with different views to come together. Glad to say that in Q&A :)
Benjamin Bierman
In my experience, what Eric says about the creative community is true, and this is an area I follow closely in numerous ways.
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Once again, we cannot answer all questions, but we cannot answer any questions that are placed in the chat rather than in the Q&A. You can find Q&A in the bar at the bottom of Zoom.
Samantha Levin
Will the recording be shared with attendees?
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There will be a recording made available on the Kernochan Center’s website after the event.
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Please email kernochancenter@law.columbia.edu for further details.
Columbia Law Zoom (B)
Panel 2 will begin at 11:05.
Jessica Silbey
These are excellent substantive contributions to what should be in or not in the Restatement. This is exactly the kind of debate one would think should make the Restatement better when the draft is supposed to represent the expert of the ALI members.
Jessica Silbey
I would be interested in hearing from those who have been part of past ALI projects about how these kinds of criticism/commentary has been addressed. It seems a problem endemic to a large membership organization with diverse views. This is not a new problem.
Jessica Silbey
Josh’s point about out-of-touch academics is exactly the argument from 1906-1926 about the ALI. It is why the membership body now includes so many lawyers and judges.
Jessica Silbey
Also, it is my understanding that professors are most often the reporters because we don’t bill by the hour.
Chris Newman
Nor do we get copyright royalties from ALI!
Chris Newman
Josh is about to volunteer, I can see it.
Jessica Silbey
I understand the history as Shyam describes. But it was also framed in terms of who is an expert and where expertise can be found. That concept has obviously and rightfully evolved over time.
Judge Susan G. Braden
I am Advisor to the Restatement project and only learned about this program this morning by accident. Why weren’t the Advisors notified of this event? Judge Susan G. Braden (Ret.)
Philippa Loengard
Judge Braden, I am sorry you just heard of this event. This event is sponsored by the Kernochan Center and we at the Center tried to publicize it widely (via website, emails and social media). Also, the ALI was aware of the event, but chose not to publicize it. We are not privy to the emails of the Advisers and, therefore, could not reach out directly. - Pippa Loengard
Lena Saltos
Philippa Loengard
The video recording will be sent to all panelists after the event is over.
Columbia Law Zoom (B)
It will take some time for the CLS Zoom cloud to process the recording but we will send it as soon as it’s available.
Stephanie Middleton
ALI produces an Annual Report that shows the source of revenue that funds projects.
Jeanne Fromer
I participate in the ALI process just like anyone else, not behind the scenes, so please don't malign me as going behind the scenes to get things done.
Jeanne Fromer
And I will be glad to say that publicly in response.
Jeanne Fromer
I don't think accusations are helpful here.
Peter Menell
Jeanne -- The Reporters do not respond to comments. You suggested that the advisory meeting result in agreement. There are no straw polls, even though advisers request them.
Jeanne Fromer
Correct, they don't respond to comments. They review and consider them. I have no reason to suspect that they ignore them. I've made some suggestions that they've accepted and some that they don't, and I accept that. I think we all have to accept that not all of our feedback will be incorporated into the Restatement even if it was considered.
Jessica Silbey
It would be helpful to be specific about how the Restatement ignores the statute.
Joseph Liu
Apologies to all, as I need to leave early to go teach a class (yes, on a Friday afternoon). Thanks to everyone for a great discussion. And thanks to the organizers for a great conference. Hopefully to be continued.
Jeanne Fromer
Bye, Joe! Great to see you and participate with you!
Shyam Balganesh
Thanks, Joe!
Philippa Loengard
Thanks, Joe!
Stephanie Middleton
The student sexual assault project is Principles. Not a restatement.
David Leichtman
Ms. Sllbey: I think what you may not hearing is that most copyright OWNERS believe these drafts are doing so in many ways and that they are not be listened to by the reporters. It is like the exchange between Senator Kennedy and Stacey Abrams this week about the Georgia voting laws-- there is a very long list of what is wrong with it, and that list is being ignored. Your response to Eric's point was to list groups of copyright USERS. (Except you referred to independent but you are wrong as photographers are universally opposed to this).
Jessica Silbey
David, thank you for your comments. I am a copyright owner and user. As are you. I don’t adhere to the simple binary of owners and users. It’s inaccurate as a matter of copyright law and copyright experience.
Jessica Silbey
And I have been studying photographers for a long time. I am well aware of the photographer groups and opinions as diverse and nuanced.
Eric Schwartz
Jessica: I agree that, yes, we are all copyright owners and users. I too write a treatise chapter for a nominal fee (that I assume few read!) for Lexis Nexis. But the creators and producers I was highlighting - in opposition to the current Restatement — are those who depend on the copyright law for their financial llivelihood…the Copyright Alliance, an umbrella group of creators and producers (including photographers) has been very critical of the Restatement drafts in their comments…
Jeanne Fromer
Jane, Shyam, June, Pippa, Samara, thanks for putting this together. And yes, hear, hear for the journal editors!
Jessica Silbey
Thanks for putting this together. Good weekend everyone. Stay safe.
Philippa Loengard
Thank you, Jeanne. We really appreciate you coming!
Joshua Simmons
Indeed, thanks for an excellent, and sometimes fiery, discussion.
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Please visit the Kernochan Center website at web.law.columbia.edu/Kernochan
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Thank you!