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The Road to Copyright Clarity, Part 3

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How do librarians support patrons who may have experienced online harassment or defamation?
How do librarians support patrons who seek to legally “rip” media clips for fair use purposes?
How do librarians participate in the 2021 DMCA exemption process on behalf of the needs of patrons, educators and students?

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The Road to Copyright Clarity, Part 3

  1. 1. A Webinar Series with Renee Hobbs In partnership with the Northeast Ohio Regional Library System and the Media Education Lab THE ROAD TO COPYRIGHT CLARITY We will be starting the webinar today at 2 pm EST EMAIL: HOBBS@URI.EDU TWITTER: @reneehobbs
  2. 2. www.mediaeducationlab.com
  3. 3. COPYRIGHT EDUCATION FOR COMMUNITIES OF PRACTICE
  4. 4. In Previous Sessions….. • Understand the purpose of copyright • Identify the rights available to copyright holders and users • Recognize and combat the types of misinformation that patrons may have about copyright • Understand the doctrine of fair use • Apply fair use reasoning to specific contexts and situations • Consider how copyright apples in the context of COVID-19 remote emergency teaching
  5. 5. These Questions Guide Today’s Learning 1. What are the specific laws regarding digital content? 2. What are the rights of owners and the rights of users in relation to these laws? 3. How do librarians help patrons understand their rights and responsibilities when it comes to platform takedowns and content ID strikes?
  6. 6. 1. How do librarians support patrons who may have experienced online harassment or defamation? 2. How do librarians support patrons who seek to legally “rip” media clips for fair use purposes? 3. How do librarians participate in the 2021 DMCA exemption process on behalf of the needs of patrons, educators and students? How Do Librarians Support Content Creators?
  7. 7. COPYRIGHT ACT OF 1976
  8. 8. COPYRIGHT ACT OF 1976 Communications Decency Act (Telecom Act of 1996) CDA 230
  9. 9. COPYRIGHT ACT OF 1976 Communications Decency Act (Telecom Act of 1996) CDA 230 Digital Millennium Copyright Act (DMCA 1998)
  10. 10. "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." PLATFORMS ARE NEUTRAL INTERMEDIARIES
  11. 11. PROTECTS INTERNET SERVICE PROVIDERS FROM LIABILITY PLATFORMS ARE LEGALLY IMMUNE In the United States, victims of harassment and defamation can’t make platforms take down posts or sue them for damages.
  12. 12. October 3, 2019
  13. 13. Digital Millennium Copyright Act (DMCA) ANTICIRCUMVENTION Section 1201 Criminalizes the use of technology, devices, or services intended to circumvent digital rights management (DRM) software that controls access to copyrighted works. DESIGNED TO DISCOURAGE PIRACY Illegal to copy from copy-protected media
  14. 14. Did the Law Made the Use of Film Clips for the Study of Literary Adaptation Illegal?
  15. 15. Digital Millennium Copyright Act (DMCA) ANTICIRCUMVENTION Section 1201 Criminalizes the use of technology, devices, or services intended to circumvent digital rights management (DRM) software that controls access to copyrighted works. DESIGNED TO DISCOURAGE PIRACY If you want to UNLOCK computer access controls for any purpose, every 3 years, you must petition the Librarian of Congress for a special exemption. FAIL-SAFE MECHANISM insures that that law does not limit people’s rights under the First Amendment
  16. 16. Digital Millennium Copyright Act (DMCA)
  17. 17. The Results of DMCA Advocacy ANTICIRCUMVENTION EXEMPTIONS • 2006: OK to rip audiovisual works included in the educational library of a college or university's film or media studies department. • 2009: Copying short portions of DVD movies into new works for the purpose of criticism or comment or other educational uses by college and university professors and by college and university film and media studies students; documentary filmmaking; noncommercial videos. • 2009: E-books with access controls that prevent the enabling either of the book's read-aloud function or of screen readers that render the text into a specialized format.
  18. 18. The Results of DMCA Advocacy ANTICIRCUMVENTION EXEMPTIONS • 2012: Ripping motion pictures for criticism or comment for use in noncommercial videos, documentary films, nonfiction multimedia e-books offering film analysis, and educational purposes requiring close analysis of film and media excerpts, by college and university faculty, college and university students, and kindergarten through twelfth grade educators. • 2015 : Ripping motion pictures for criticism or comment for use by educators and participants in nonprofit digital and media literacy programs offered by libraries, museums and other nonprofit entities with an educational mission.
  19. 19. The Results of DMCA Advocacy ANTICIRCUMVENTION EXEMPTIONS • 2018: Ripping or circumvention is done by a disability services office or other educational unit for the purpose of adding captions and/or audio description to a motion picture to create an accessible version as a necessary accommodation for a student or students with disabilities. • 2018: K-12 students can use the exemption when acting under the direct supervision of K–12 educators • 2018: Screen-capture technology is considered a legal alternative to circumvention.
  20. 20. 1. How do librarians support patrons who seek to legally “rip” media clips for fair use purposes? 2. How do librarians and educators participate in the 2021 DMCA exemption process on behalf of the needs of patrons, educators and students? Digital Millennium Copyright Act (DMCA) How Do Librarians Support Content Creators?
  21. 21. Tools for Legal Ripping
  22. 22. The Results of DMCA Advocacy MORE ANTICIRCUMVENTION EXEMPTIONS Smartphones Smart TVs Vehicle Software Video Games Computer Security Research Alexa, Amazon Echo and Google Home
  23. 23. Digital Millennium Copyright Act (DMCA) SAFE HARBOR Section 512 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. Requires digital platforms to remove potentially infringing content
  24. 24. https://bit.ly/MediaEdLabYT
  25. 25. https://bit.ly/MediaEdLabYT
  26. 26. Digital Millennium Copyright Act (DMCA) ANTICIRCUMVENTION Section 1201 SAFE HARBOR Section 512 Help patrons understand how to file a Takedown Notice when their copyright has been infringed Help patrons understand their legal rights for counternotification when their digital content has been taken down Help patrons learn how to legally “rip” DVDs or unlock digital content for fair use purposes How Librarians Support Content Creators

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