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    Review Of US Digital Millennium Copyright Act Brings New Exemptions

    Published on 27 July 2010 @ 7:06 pm

    By for Intellectual Property Watch

    The United States Copyright Office this week completed its statutorily required review of the landmark Digital Millennium Copyright Act (DMCA). Included in the ruling were three major exemptions: a renewal on the exemption for cell-phone unlocking, a new exemption for the jailbreaking of smart phones technology, and the use of visual media clips for transformative, non-commercial works. The ruling has resulted in a flood of optimism from a range of open-access advocates.

    The Copyright Office ruling on the DMCA, held every third year, was released on 26 July and is available here.

    The campaign for the first of these two exemptions was spearheaded by the Electronic Frontier Foundation (EFF), which hailed the ruling. “Unlocking” is when a cellphone owner reworks the phone so that it can run on alternative provider networks than the one through which it was activated. “Jailbreaking” is the modification of software on smart phones so as to be interoperable with other operating systems.

    EFF and the Organization for Transformative Works (OTW) joined together to gain the final exemption, useful in the world of “vidding” or using short clips from films, television and other media sources in order to create a new work that comments upon, criticises or otherwise engages with the old one. As of now, so long as these works remain non-commercial, they are not breaking copyright law under the 1998 DMCA.

    These exemptions will have to undergo new scrutiny in order to be renewed through the same process in three years, but for the moment, the vidding exemption opens up new ground for professionals working on presentations, artists, and educators to grapple with visual media while being certain they are covered by Fair Use Doctrine, according to sources.

    “Vidding and other forms of video remix are a form of speech,” Francesca Coppa, OTW board member, director of film studies, and associate professor of English at Muhlenberg College (US), said in a press release. “If we want to promote multimedia literacy, we need to let people speak the language of mass media without criminalising them. This exemption is crucial for remix artists.”

    Leslee Friedman is an intern at Intellectual Property Watch.

    Leslee Friedman may be reached at info@ip-watch.ch.

     

    Comments

    1. Copyright | The Glaring Facts says:

      [...] When copyright law destroys the very art it is meant to protect « A M..= [...]


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    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.