Rhonda Trotter Talks About Challenge of Technological Era for IP Owners in InsideCounsel

As seen in InsideCounsel’s “Digital Revolution in Copyright Law”

June 27, 2014

InsideCounsel reports that amidst the emergence of digital technology, intellectual property owners must face that their content is easier for consumers to gain access to through illegal means, such as free online streaming. As a result, they are being forced to decide whether to implement stronger methods of protecting their copyrights to guarantee they keep their value or take the risk of alienating consumers.

According to Kaye Scholer Partner Rhonda Trotter, Co-Leader of the Trademark, Copyright and False Advertising Practice, consumers’ easy access has led IP owners to decide “what extent and what means they use to try and maintain the value, while at the same time balancing that against the interest of making sure they don't perturb consumers that are the base for their commercial success.”

Trotter added, “As all of us have become more accustomed to dealing with content online or in mobile media and social media platforms, the real danger is that the content owners will create an adversarial relationship with the consuming public.”

Despite the prevalence of patent protection in the digital age, legislation concerning copyright law has been sparse, the publication said. The most significant bill has been the Digital Millennium Copyright Act (DMCA), passed in 1998. Trotter commented, “The DMCA has strengths and weaknesses on both sides. From the standpoint of content owners, it provides a quick and simple process for getting infringing material taken down from a site, provided one has identified it as existing.” However, in order for this to be effective, content owners must take responsibility for monitoring these sites and identifying the infringing material, which requires a great deal of resources. 


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