Speaking Engagement

Software-Enabled Consumer Products Study Public Roundtable

U.S. Copyright Office James Madison Memorial Building Washington, DC

Blank Rome Associate Shaun J. Bockert will participate as a panelist in the Software-Enabled Consumer Products Study Public Roundtable being conducted by the U.S. Copyright Office on Wednesday, May 18, 2016, from 9:00 a.m. to 2:45 pm at the James Madison Memorial Building in Washington, D.C.

The U.S. Copyright Office is undertaking a comprehensive review of the role of copyright in the complex set of relationships at the heart” of the issues raised by the spread of software in everyday products. The roundtable seeks to engage interested industry stakeholders, consumer advocacy groups, and relevant federal agencies to make appropriate recommendations for legislative or other changes.

Sessions include:

  • The Proper Role of Copyright in Protecting Software-Enabled Consumer Products. This session will explore the role of copyright law as it relates to software, including whether and how software in “everyday products” can be distinguished from other types of software, the rationale and proper scope of copyright protection for embedded software, and the need for interoperability with software- embedded devices.
  • Ownership and Contractual Issues. This session will explore the state of contract law vis-à-vis software embedded in everyday products, and how contracts such as end user license agreements impact investment in and the dissemination and use of everyday products, including whether any legislative action in this area is needed.
  • Fair Use. This session will explore how courts have applied the fair use doctrine to permit uses of software that ensure reverse engineering and/or interoperability of software with new products and devices.
  • The First Sale Doctrine, Section 117, and Other Limitations and Exceptions. This session will explore whether current limitations on and exceptions to copyright protection adequately address issues concerning software embedded in everyday products, or whether amendments or clarifications would be useful.

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