July 23, 2009 - Ashlie Beringer
July IP Section Luncheon:
You Tube, My Space and The User-Generated Content Revolution: Key Legal Issues and Potential Liability
July 23, 2009; 11:45 a.m. - 1:15 p.m.
Denver ChopHouse, Large Banquet Room
CLICK HERE FOR SLIDESHOW PRESENTATION
User-generated content has rapidly emerged as an Internet phenomenon, as growing numbers of bloggers, Facebook users, music remixers, amateur video creators, wikipedians, tweeters, and Flickr photographers prove that "social media" has hit the mainstream. The rapid shift from traditional media to user-created media has raised significant legal questions, ranging from intellectual property issues to questions of consumer privacy to calls for regulation to protect children and guard against defamation in this emerging medium.
By way of example, the advent of user-generated content has strained an already criticized DMCA, causing some to suggest that the safe harbor regime did not contemplate user-generated and submitted content. Viacom and YouTube are actively litigating these issues, and the outcome of this case and several others could significantly impact the advent of user-generated content and the extent to which established media companies can turn the UGC phenomenon into viable ventures.
Likewise, the broad and potentially destructive reach of content posted on the Internet has caused some courts to question the absolute immunity previously afforded ISPs. Separately, state and federal authorities are increasingly seeking to hold ISPs and websites responsible for invasions of privacy and decency by their users.
Ashlie Beringer, one of the country's preeminent entertainment lawyers, shared her insights and expertise on the range of evolving legal issues arising out of the user-generated content revolution.
Ashlie Beringer, Gibson, Dunn & Crutcher LLP
Ashlie Beringer is a partner in Gibson, Dunn & Crutcher's Palo Alto office who specializes in representing new media, Internet and technology companies. She has successfully represented clients throughout the country in complex patent, copyright, trademark and trade secret disputes, including several significant disputes involving digital technologies, communications platforms, and Internet advertising and e-commerce networks. Ms. Beringer earned her J.D. from Yale Law School where she was an editor of the Yale Law Journal. She was a law clerk for the Honorable Richard P. Matsch of the United States District Court for the District of Colorado in 1996-97.