Elkin Discusses DMCA Safe Harbor Provisions

Michael Elkin, managing partner of Winston & Strawn's New York office, was a featured panelist at the Recording & Music Industry Committee of the Entertainment, Arts & Sports Law Section of the New York State Bar Association. The panel was held on March 2, 2011 at the Cardozo Law School. The topic of the panel discussion was the DMCA safe harbor provisions, specifically the Viacom v. YouTube decision, and the implications for both ISPs and copyright owners. In the discussion, Mr. Elkin drew on UMG v. Veoh Network, in which he successfully defended Veoh Networks, and relayed both sides of the spectrum regarding safe harbor protection for ISPs in the U.S. There was also a discussion of the Supreme Court's Grokster decision, the concept of "willful blindness" and the pending MP3tunes.com case in the Southern District.