Digital Millennium Copyright Act Explained
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This document summarizes Renee Hobbs' presentation on the Digital Millennium Copyright Act and fair use. The presentation covered: - Background knowledge on copyright, fair use, DMCA and codes of best practices. - Tools for ripping video and the DMCA rulemaking process. - How fair use is expanded through DMCA renewal and how communities assert their fair use rights. - Examples of fair use include educational uses of copyrighted materials and creating new works that transform original content.
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Digital Millennium Copyright Act Explained
- 1. Digital Millennium Copyright Renee Hobbs NAMLE 2013 July 13, 2013
- 2. • Build background knowledge on copyright, fair use, DMCA and the Code of Best Practices • Increase appreciation for fair use as a “use-it- or-lose-it” right • Introduce two different tools for ripping video • Demystify the process of how DMCA 1201 rulemaking works • Understand the political factors at work in expanding fair use in the DMCA • Empower participants to want to participate in the DMCA renewal process
- 4. Codes of Best Practices Support Academic & Creative Communities
- 6. Educators can: 1. make copies of newspaper articles, TV shows, and other copyrighted works and use them and keep them for educational use 2. create curriculum materials and scholarship with copyrighted materials embedded 3. share, sell and distribute curriculum materials with copyrighted materials embedded Learners can: 4. use copyrighted works in creating new material 5. distribute their works digitally if they meet the transformativeness standard Five Principles Code of Best Practices in Fair Use
- 7. What is the purpose of
- 8. To promote creativity, innovation and the spread of knowledge Article 1 Section 8 U.S. Constitution
- 10. EVERYTHING IS COPYRIGHTED ..but there are exemptions
- 11. Is Your Use of Copyrighted Materials a Fair Use? 1. Did the unlicensed use “transform” the material taken from the copyrighted work by using it for a different purpose than that of the original, or did it just repeat the work for the same intent and value as the original? 2. Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?
- 12. Copyright? What’s Copyright? Music Videos Users’ Rights, Section 107
- 13. Exercising Fair Use Reasoning Involves Critical Thinking Transformative Use is Fair Use
- 14. 1. RIPPING. Criminalizes the use of technology, devices, or services intended to circumvent digital rights management (DRM) software that controls access to copyrighted works. 2. ONLINE TAKEDOWNS. Protects Internet Service Providers against copyright liability if they promptly block access to allegedly infringing material (or remove such material from their systems) if notified by copyright holder; offers a counter-notification provision if use is exempted under fair use Digital Millennium Copyright Act of 1998
- 19. VIDEO
- 20. VIDEO
- 21. 1. RIPPING. Criminalizes the use of technology, devices, or services intended to circumvent digital rights management (DRM) software that controls access to copyrighted works. DMCA 1201 Digital Millennium Copyright Act of 1998
- 23. ROUND ONE: The Results of Advocacy in 2009 Users may unlock DVDs protected by the Content Scrambling System when circumvention is for the purpose of criticism or comment using short sections, for educational, documentary or non- profit use.
- 24. We Argued: • Teachers Need High Quality Media to Teach • K-12 Teachers Need to Use High Quality Media Because Non-digital Media is No Longer Available Effectively • K-12 Teachers are Frustrated in Their Efforts to Incorporate Media in the Classroom • Lawful Uses Are Impeded By Technological Protection Measures
- 25. The Limits of Screencasting
- 27. They Argued: • Teachers Have Access to Clips Online – No Need to Rip DVDs – Media Compilation Websites are Undependable and Offer Limited Inventory • Teachers Can Make Video Clips By Using their Smartphones – Smartphones Offer Inferior Media Quality
- 28. ROUND TWO: The Results of Advocacy in 2012 For educational purposes in film studies or other courses requiring close analysis of film and media excerpts, by college and university faculty, college and university students, and kindergarten through twelfth grade educators.
- 29. Copyright Law Adapts to Changes in Technology and Society
- 31. Communities of Practice Assert Their Fair Use Rights
- 32. Communities of Practice Assert Their Fair Use Rights CONTACT Renee Hobbs Harrington School of Communication and Media University of Rhode Island EMAIL: Hobbs@uri.edu TWITTER: @reneehobbs
Notas del editor
- To educate educators themselves about how fair use applies to their work To persuade gatekeepers, including school leaders, librarians, and publishers, to accept well-founded assertions of fair use To promote revisions to school policies regarding the use of copyrighted materials that are used in education To discourage copyright owners from threatening or bringing lawsuits In the unlikely event that such suits were brought, to provide the defendant with a basis on which to show that her or his uses were both objectively reasonable and undertaken in good faith.
- Article I, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause, the Copyright and Patent Clause (or Patent and Copyright Clause), the Intellectual Property Clause and the Progressive Clause, empowers the United States Congress: “ To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
- Professors everywhere in higher education, and film/media students should be able to crack DVDs to use material both in new works and for teaching purposes, within an educational objective, argued the Library Copyright Alliance. (They won this exemption last time; it now needs renewal.) The Society for Cinema and Media Studies and others want this extended to all university students; their filing was done with help from Washington College of Law’s IP clinic. Teachers in K-12 should be able to crack encrypted audio-visual material for teaching, said the Media Education Lab at Temple University, with help from Washington College of Law’s IP clinic. Documentary and fiction filmmakers should be able to crack DVD, Blu-Ray and digital files (if unavailable in hard copy) to employ fair use to make their work, according to film organizations such as the International Documentary Association and filmmakers such as Kartemquin Films. They argued their case with the help of the University of Southern California’s IP clinic and Donaldson and Callif. (The last exemption round won documentary filmmakers only access to DVDs only.) DVD owners should be able to copy movies in order to watch them on other devices (like their iPads), argued Public Knowledge. Multimedia e-book authors should be able to crack DVDs and digital video generally in order to employ fair use in the creation of their work, argued book authors with the help f the University of Southern California’s IP clinic and Donaldson and Callif. Mobile device owners should be able to unlock their devices (i.e. let them connect to other than the carrier’s preferred networks), argued Consumers Union with help from the Institute for Public Representation at Georgetown Law School. (In the last round of exemptions, users of cellphone handsets won a similar exemption.)