One of the more vexing questions in copyright law is whether Internet Service Providers (ISPs) should be liable for the infringing acts of their subscribers. Congress enacted the Digital Millennium Copyright Act (DMCA) in 1998, as a means to both protect copyright owners’ rights in the digital environment and to provide safe harbors to shield ISPs from liability, thus allowing for the growth and development of the then-nascent Internet. Twenty years later, questions arise as to whether the DMCA framework should be revisited. This discussion will set forth the contours of the DMCA safe harbor provisions and explore the arguments for and against maintaining the current system. The discussion will then explore alternatives to the current system, focusing specifically on a revised system that contemplates ISPs shouldering part of the enforcement burden by taking reasonable efforts to prevent infringement.
Professor of Law
Temple University Beasley School of Law
A specialist in international intellectual property, Donald Harris joined Temple University Beasley School of Law in 2003, where he teaches and writes in the areas of intellectual property and commercial law. His courses include: Introduction to Intellectual Property, International Intellectual Property, Patents, and Uniform Commercial Code: Sales. He received his J.D. from Loyola Law School, Los Angeles, where he received the dean’s award for outstanding public service and the pro bono service award. Professor Harris also earned an LL.M. from the University of Wisconsin, as a Hastie Fellow, specializing in international intellectual property.
Prior to joining Temple, Professor Harris practiced intellectual property law, specializing in patent litigation, as an associate in the San Francisco office of Cooley Godward. He is a frequent speaker and prolific author on international intellectual property, including articles discussing the international intellectual property treaty, Trade-Related Aspects of Intellectual Property Rights (TRIPS).
PLANNING TO ATTEND?
This event is open to the general public and all Temple Law alumni, students, faculty, and staff.
The Friel-Scanlan Lecture
The Friel-Scanlan Lecture was established by Francis A. Scanlan, LAW ’50 in 1989 to honor the memory of his uncle and aunt, Francis S. Friel and Sara G. Scanlan Friel. The Friel-Scanlan Award is given to recognize outstanding faculty scholarship, and the lecture is delivered by the honored faculty member.
Francis A. Scanlan ‘50 practiced maritime law for more than 50 years, eventually partnering with his son, Francis X. Scanlan, to form Scanlan & Scanlan. For more than 40 years, as chief counsel for the Philadelphia Marine Trade Association, Mr. Scanlan played a key role in negotiating labor contracts and resolving disputes with the International Longshoremen’s Association. He was also chief counsel for the Council of North Atlantic Shipping Association, the National Maritime Safety Association and the North Atlantic Ports Association. He was honored by several maritime organizations.
Mr. Scanlan, who earned a bachelor’s degree and law degree from Temple University, was an adjunct professor at Temple Law School for more than 20 years and lectured at admiralty law schools in Athens and Rome.