Copyright (in the digital environment) #251105

Upon successful completion of this course, participants will be able to:

• Analyze how core copyright principles (originality, fixation, idea/expression dichotomy) apply to digital works like software, websites, and databases.

• Interpret key international treaties (WIPO Copyright Treaty) and national legislation (DMCA in the U.S., Copyright Directive (DSM) in the EU) governing the digital environment.

• Evaluate the scope and limitations of copyright online, including the application of fair use/fair dealing to activities like memes, remixes, and linking.

• Assess the legal liabilities and safe harbor provisions for Internet Service Providers (ISPs), social media platforms, and other online intermediaries.

• Develop strategies for protecting digital copyrights through technological measures (DRM) and legal tools (takedown notices).

• Navigate emerging issues such as AI-generated content, NFTs, and the copyright implications of mass digitization projects.

This course is essential for professionals whose work intersects with content creation, distribution, or management in the digital space:

• Content Creators (Bloggers, YouTubers, Musicians, Artists, Photographers, Software Developers)

• In-House Counsel and Lawyers in media, entertainment, and tech industries

• Publishing, Media, and Entertainment Professionals

• Librarians, Archivists, and Educators

• Website Developers, UX/UI Designers, and IT Managers

• Marketing, Social Media, and Communications Managers

• Entrepreneurs and Startup Founders in digital content-based businesses

• Pre-assessment
• Live group instruction
• Use of real-world examples, case studies and exercises
• Interactive participation and discussion
• Power point presentation, LCD and flip chart
• Group activities and tests
• Each participant receives a binder containing a copy of the presentation
• slides and handouts
• Post-assessment

Day 1: Foundations of Copyright in the Digital World

• Morning Session: Core Principles Meet Digital Reality

  • What is Copyrightable Online? Software, APIs, Websites, UI, and Digital Databases.

  • The Exclusive Rights of Copyright Holders in the Digital Context: Reproduction, Distribution, and the Public Performance/Display Right.

  • The “Making Available” Right: How it transforms distribution online.

• Afternoon Session: International Frameworks

  • The WIPO Internet Treaties: The WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT).

  • How International Treaties are Implemented Nationally: A Comparative Look.

  • Case Study: Analyze a global copyright dispute involving digital content across different jurisdictions.

Day 2: Limitations, Exceptions, and Fair Use Online

• Morning Session: Fair Use/Fair Dealing in the Digital Age

  • Applying the Four Factors of Fair Use to Online Activities: Search Engines, Thumbnails, Text/Data Mining.

  • Parody, Satire, and Memes: When is transformation fair?

  • Educational Use in Digital Classrooms and MOOCs.

• Afternoon Session: Specific Exceptions and Challenges

  • The First Sale Doctrine and Digital Goods: The “exhaustion” debate.

  • Legal Issues around Linking (deep linking, framing) and Embedding.

  • Workshop: Review real-world examples of online content (e.g., a reaction video, a blog post with images) and debate its status under fair use.

Day 3: Enforcement and intermediary Liability

• Morning Session: The “Safe Harbor” System

  • Understanding the Notice-and-Takedown System: DMCA §512 in the U.S. and its global equivalents.

  • The Obligations of Online Service Providers (OSPs) to qualify for liability protection.

  • Counternotice and Put-Back Procedures.

• Afternoon Session: Beyond Takedowns

  • The Role of Automation: Content ID systems and algorithmic enforcement.

  • The Problem of “Over-Removal” and Chilling Effects on Speech.

  • Practical Exercise: Draft a legally sufficient DMCA takedown notice and a counternotice.

Day 4: Technological Protection Measures and Rights Management

• Morning Session: Digital Rights Management (DRM)

  • Legal Protections for DRM: The Anti-Circumvention Provisions (DMCA §1201, EU Copyright Directive).

  • The Legality of “Jailbreaking” and Other Circumvention: Statutory exemptions.

  • The Ongoing Debate: DRM vs. Consumer Rights and Preservation.

• Afternoon Session: Alternative Models and Rights Management

  • Open Access, Creative Commons, and Copyleft Licenses in the Digital Ecosystem.

  • Collective Licensing and Streaming Models.

  • Case Study: Compare the copyright and business models of a traditional publisher, an open-access journal, and a musician using Creative Commons.

Day 5: The Cutting Edge and Capstone

• Morning Session: Emerging Frontiers

  • Who Owns AI-Generated Art? Copyrightability and authorship of AI outputs.

  • NFTs (Non-Fungible Tokens) and Copyright: What are you actually buying?

  • Mass Digitization Projects: Google Books Case and Digital Libraries.

• Afternoon Session: Capstone and Strategy

  • Capstone Exercise: Develop a copyright compliance strategy for a new digital media startup, covering user agreements, content licensing, DMCA policies, and use of third-party content.

  • Course Recap: Building a Practical Framework for Navigating Digital Copyright.

  • Final Q&A and Certification.