Empirical Research in Copyright at Chicago-Kent

Geolocation

Deadline: 

09/4/15

Event Date: 

11/20/15

Location name: 

Chicago

Organization: 

Chicago-Kent’s Center for Empirical Studies of Intellectual Property

2015 Conference on Empirical Research on Copyright Issues (CERCI)
IIT Chicago-Kent’s Center for Empirical Studies of Intellectual Property
Friday, November 20, 2015

Call for Empirical Research Projects: In her recent testimony before Congress, U.S. Register of Copyrights Maria Pallante identified four important copyright policy areas in need of further study and analysis:

(1) DMCA safe harbors,
(2) DMCA anti-circumvention provision,
(3) Mass digitization, and
(4) Moral rights.

“In the view of the Copyright Office, it is time to study these issues to document technological and business developments, analyze court opinions, review stakeholder perspectives, and provide a sufficient foundation for Congress,” the Register stated.

In June 2015, the Copyright Office commenced a public comment period on the specific scope and framework of an extended collective licensing “pilot program” for mass digitization of certain works. The Office will be commencing studies on the other three areas noted above.

Chicago-Kent’s Center for Empirical Studies of Intellectual Property is sponsoring a Conference on Empirical Research on Copyright Issues (CERCI). The Conference is meant for scholars and researchers to propose and to present an empirical research project at an early stage of research on one of these four topics, outlined further below. Accepted speakers will present the ideas for their empirical project to the Copyright Office and other participants.

Conference: Chicago-Kent College of Law will host CERCI on November 20, 2015.

How to apply to be a speaker: Speakers are expected to pay for their own travel expenses (except food will be provided during the conference). To apply to be a speaker, please email the following information to Patricia O’Neal at poneal@kentlaw.iit.edu: (1) your name, (2) institution, and (3) one page abstract of the empirical research project describing both the problem and the method(s) by which you propose to conduct empirical research related to the problem. Deadline: Sept. 4, 2015, 5 p.m. PDT.

Research grants: Participants who are selected to present their paper at the Conference may also apply for a research grant from the Chicago-Kent Center for Empirical Studies of Intellectual Property (CESIP). CESIP plans on awarding one to three research grants of up to $10,000 to fund research during the year. In order to be eligible for a grant, attendance and presentation of your research idea at CERCI is required. A recipient of a grant will also be required to prepare a paper with results of the empirical research at a conference in the fall 2016. The final papers will submitted to the U.S. Copyright Office. Further details on how to apply for a research grant will be announced soon.

Research Topics for
2015 Conference on Empirical Research on Copyright Issues (CERCI)

1. DMCA safe harbors (Section 512)

How well are the DMCA safe harbors working? Suggested general research topics include, but are not limited to: (i) the application and efficacy of the DMCA safe harbors; (ii) the costs of notice and takedown on copyright holders and ISPs; and (iii) application of voluntary measures by ISPs and copyright industries (e.g., ContentID, graduated response policies).

2. DMCA anti-circumvention provision and exemptions (Section 1201)

How well is the anti-circumvention provision working? Suggested general research topics include, but are not limited to: (i) Section 1201 rulemaking process for temporary exemptions; (ii) use of anti-circumvention measures in different sectors and a growing range of consumer goods; (iii) effect of anti-circumvention measures on repairs and replacement parts; and (iv) the application of exemptions for reverse engineering, encryption research, and security testing.

3. Mass Digitization

“[T]he Copyright Office will recommend a voluntary ‘pilot program’ in the form
of extended collective licensing (‘ECL’) that would enable full-text access to certain works for research and education purposes under a specific framework set forth by the Copyright Office, with further conditions to be developed through additional stakeholder dialogue and discussion.” Suggested general research topics include, but are not limited to: (i) what a model extended collective license for full-text access to works should entail; and (ii) current practices in analogous areas involving open-access, Creative Commons, and other licenses.

4. Moral rights

How are moral rights protected in the United States? Suggested general research topics include, but are not limited to: (i) practices and protection for attribution to authors; (ii) practices and protection for authors’ ability to say no to specific uses of their works (integrity); and (iii) authors’ views on much they how value moral rights.

The examples within each of the four general topics are not exhaustive. Researchers are encouraged to think broadly and creatively within the four general topics. For more information about these topics, consult the Register’s testimony.

For more information about the CERCI conference, email Patricia O’Neal at poneal@kentlaw.iit.edu.

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