I think Gary is being a little disingenuous to say that today's ruling has absolutely nothing to do with fair use. One need merely read UCLA's legal brief to see that they are making a fair use claim for breaking encryption not to use clips to "critique or comment" but to stream entire works.
What this sentence does is resolve a contradiction between fair use and the DMCA. I would claim that a professor's fair use right to use clips trumped the DMCA all along, but I'm not a legal scholar. Today's ruling only extends well-established fair use standards and protections to encrypted content and, unfortunately, only for certain classes of users (teachers, students, documentary and non-commercial filmmakers) but not non-commercial distributors or the average citizen. The real issue is not are teachers breaking encryption to use small portions of films "to critique or comment on" those films but are they screening and streaming large portions of films to "explain and illustrate" the curriculum without paying for those rights. I think we all know the answer to that. Larry Lawrence Daressa California Newsreel 500 Third Street, #505 San Francisco, CA 94107 phone: 415.284.7800 x302 fax: 415.284.7801 [email protected] www.newsreel.org -----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of [email protected] Sent: Monday, July 26, 2010 6:25 PM To: [email protected] Subject: videolib Digest, Vol 32, Issue 64 Send videolib mailing list submissions to [email protected] To subscribe or unsubscribe via the World Wide Web, visit https://calmail.berkeley.edu/manage/list/listinfo/[email protected] y.edu or, via email, send a message with subject or body 'help' to [email protected] You can reach the person managing the list at [email protected] When replying, please edit your Subject line so it is more specific than "Re: Contents of videolib digest..." Today's Topics: 1. DMCA...what did we win? (Rudy Leon) 2. Re: DMCA...what did we win? ([email protected]) 3. Re: DMCA...what did we win? (Rudy Leon) 4. Re: New copyright rules re: DMCA exemptions are finallyannounced (Jessica Rosner) ---------------------------------------------------------------------- Message: 1 Date: Mon, 26 Jul 2010 15:18:06 -0500 From: Rudy Leon <[email protected]> Subject: [Videolib] DMCA...what did we win? To: [email protected] Message-ID: <[email protected]> Content-Type: text/plain; charset="iso-8859-1" Someone just asked me, and I realized I did not have the answer -- does this Rule-making by the Librarian of Congress carry the weight of law? is it a binding step, or a step on the path to a binding interpretation? -------------- next part -------------- An HTML attachment scrubbed and removed. HTML attachments are only available in MIME digests. ------------------------------ Message: 2 Date: Mon, 26 Jul 2010 13:24:49 -0700 From: [email protected] Subject: Re: [Videolib] DMCA...what did we win? To: [email protected] Message-ID: <[email protected]> Content-Type: text/plain;charset=utf-8 The LOC is vested with making binding rulings re copyright. This particular ruling does not need to be ratified by Congress. Gary > Someone just asked me, and I realized I did not have the answer -- does > this > Rule-making by the Librarian of Congress carry the weight of law? is it a > binding step, or a step on the path to a binding interpretation? > VIDEOLIB is intended to encourage the broad and lively discussion of > issues relating to the selection, evaluation, acquisition,bibliographic > control, preservation, and use of current and evolving video formats in > libraries and related institutions. It is hoped that the list will serve > as an effective working tool for video librarians, as well as a channel of > communication between libraries,educational institutions, and video > producers and distributors. > Gary Handman Director Media Resources Center Moffitt Library UC Berkeley 510-643-8566 [email protected] http://www.lib.berkeley.edu/MRC "I have always preferred the reflection of life to life itself." --Francois Truffaut ------------------------------ Message: 3 Date: Mon, 26 Jul 2010 15:50:49 -0500 From: Rudy Leon <[email protected]> Subject: Re: [Videolib] DMCA...what did we win? To: [email protected] Message-ID: <[email protected]> Content-Type: text/plain; charset="iso-8859-1" Thanks Gary! On Mon, Jul 26, 2010 at 3:24 PM, <[email protected]> wrote: > The LOC is vested with making binding rulings re copyright. This > particular ruling does not need to be ratified by Congress. > > Gary > > > > > Someone just asked me, and I realized I did not have the answer -- does > > this > > Rule-making by the Librarian of Congress carry the weight of law? is it a > > binding step, or a step on the path to a binding interpretation? > > VIDEOLIB is intended to encourage the broad and lively discussion of > > issues relating to the selection, evaluation, acquisition,bibliographic > > control, preservation, and use of current and evolving video formats in > > libraries and related institutions. It is hoped that the list will serve > > as an effective working tool for video librarians, as well as a channel > of > > communication between libraries,educational institutions, and video > > producers and distributors. > > > > > Gary Handman > Director > Media Resources Center > Moffitt Library > UC Berkeley > > 510-643-8566 > [email protected] > http://www.lib.berkeley.edu/MRC > > "I have always preferred the reflection of life to life itself." > --Francois Truffaut > > > VIDEOLIB is intended to encourage the broad and lively discussion of issues > relating to the selection, evaluation, acquisition,bibliographic control, > preservation, and use of current and evolving video formats in libraries and > related institutions. It is hoped that the list will serve as an effective > working tool for video librarians, as well as a channel of communication > between libraries,educational institutions, and video producers and > distributors. > -- Rudy Leon Learning Commons Librarian Undergraduate Library University of Illinois Urbana-Champaign (217) 333-3503 http://www.deepening.wordpress.com AIM: rudibrarian -------------- next part -------------- An HTML attachment scrubbed and removed. HTML attachments are only available in MIME digests. ------------------------------ Message: 4 Date: Mon, 26 Jul 2010 21:24:39 -0400 From: Jessica Rosner <[email protected]> Subject: Re: [Videolib] New copyright rules re: DMCA exemptions are finallyannounced To: [email protected] Message-ID: <[email protected]> Content-Type: text/plain; charset="iso-8859-1" It clearly states that in order to be entitled to break encryption the use MUST be for a SMALL portion used for criticism or comment which if nothing else totally negates any claim that one can stream an encrypted film ( and most DVDs have some kind of encryption) and justify it by "fair use". We don't actually disagree on this Gary , but it is important that people who have made that absurd claim see that it is now in black and white that you can NOT legally do that. On Mon, Jul 26, 2010 at 2:31 PM, <[email protected]> wrote: > This ruling has NOTHING directly to do with the nature, interpretation, or > application of fair use. > > Gary > > > > Actually Gary I disagree. I think this rule reaffirms the terms of what > > "Fair Use" is considering you have a least one major institution and more > > than a few academics claiming it actually can cover an ENTIRE feature > > work. > > Here is the wording in the new rule (or whatever we call it) > > > > "in order to accomplish the incorporation of short portions of motion > > pictures into new works for the purpose of criticism or comment" > > > > Now I grant you "small portion" is still a bit vague but pretty clear it > > is > > NOT an entire work. > > > > On Mon, Jul 26, 2010 at 1:58 PM, <[email protected]> wrote: > > > >> As you've commented, Linda, there are really TWO discreet issues at > >> hand: > >> > >> 1. Breaking of circumvention for the purpose of extracting > >> clips--covered > >> by the DMCA and now a lot more liberal than previously > >> > >> 2. Fair use--under which issues such as quantity, length, nature of > >> use, > >> etc. fall. > >> > >> The recent ruling concerns the former exclusively and has nothing to do > >> with the latter. > >> > >> Gary > >> > >> > >> > The new rules allow circumvention for the "incorporation of short > >> portions > >> > of motion pictures into new works for the purpose of criticism or > >> comment" > >> > in three instances: > >> > > >> > (i) Educational uses by college and university professors and by > >> college > >> > and university film and media studies students; [I assume this means a > >> > professor in any discipline, but if a student does it they must be in > >> > film/media studies programs, not history, languages, etc.] > >> > > >> > (ii) Documentary filmmaking; > >> > (iii) Noncommercial videos > >> > > >> > I interpret these last two exclusions to mean the DVDs can be > >> circumvented > >> > in order to obtain the excerpts for "criticism or comment," but > >> doesn't > >> > say this is part of Fair Use. In other words, the method of obtaining > >> the > >> > clip is now OK (circumvention), but it doesn't say that the content > >> > doesn't need to be licensed. What do others think? > >> > > >> > Linda Tadic > >> > Audiovisual Archive Network > >> > [email protected] > >> > > >> > > >> > ----- Original Message ----- > >> > From: Jessica Rosner > >> > To: [email protected] > >> > Sent: Monday, July 26, 2010 12:46 PM > >> > Subject: Re: [Videolib] New copyright rules re: DMCA exemptions are > >> > finallyannounced - and they are now exempt educational uses by all > >> > university professors and students > >> > > >> > > >> > Very sensible. It allows you circumvent the DMCA in order to use a > >> small > >> > portion of a work for a class etc. I especially appreciate that it > >> > really spells out this is a small portion and for a "transformative" > >> > purpose. > >> > > >> > > >> > Jessica > >> > > >> > > >> > > >> > On Mon, Jul 26, 2010 at 12:35 PM, Chris Lewis <[email protected]> > >> > wrote: > >> > > >> > http://www.copyright.gov/1201/ > >> > > >> > -- > >> > Chris Lewis > >> > Media Librarian > >> > American University Library > >> > 202.885.3257 > >> > > >> > Please think twice before printing this e-mail. > >> > > >> > VIDEOLIB is intended to encourage the broad and lively discussion > >> of > >> > issues relating to the selection, evaluation, > >> > acquisition,bibliographic control, preservation, and use of current > >> > and evolving video formats in libraries and related institutions. It > >> > is hoped that the list will serve as an effective working tool for > >> > video librarians, as well as a channel of communication between > >> > libraries,educational institutions, and video producers and > >> > distributors. > >> > > >> > > >> > > >> > > >> > VIDEOLIB is intended to encourage the broad and lively discussion of > >> > issues relating to the selection, evaluation, > >> acquisition,bibliographic > >> > control, preservation, and use of current and evolving video formats > >> in > >> > libraries and related institutions. It is hoped that the list will > >> serve > >> > as an effective working tool for video librarians, as well as a > >> channel > >> of > >> > communication between libraries,educational institutions, and video > >> > producers and distributors. > >> > > >> > >> > >> Gary Handman > >> Director > >> Media Resources Center > >> Moffitt Library > >> UC Berkeley > >> > >> 510-643-8566 > >> [email protected] > >> http://www.lib.berkeley.edu/MRC > >> > >> "I have always preferred the reflection of life to life itself." > >> --Francois Truffaut > >> > >> > >> VIDEOLIB is intended to encourage the broad and lively discussion of > >> issues > >> relating to the selection, evaluation, acquisition,bibliographic > >> control, > >> preservation, and use of current and evolving video formats in libraries > >> and > >> related institutions. It is hoped that the list will serve as an > >> effective > >> working tool for video librarians, as well as a channel of communication > >> between libraries,educational institutions, and video producers and > >> distributors. > >> > > VIDEOLIB is intended to encourage the broad and lively discussion of > > issues relating to the selection, evaluation, acquisition,bibliographic > > control, preservation, and use of current and evolving video formats in > > libraries and related institutions. It is hoped that the list will serve > > as an effective working tool for video librarians, as well as a channel > of > > communication between libraries,educational institutions, and video > > producers and distributors. > > > > > Gary Handman > Director > Media Resources Center > Moffitt Library > UC Berkeley > > 510-643-8566 > [email protected] > http://www.lib.berkeley.edu/MRC > > "I have always preferred the reflection of life to life itself." > --Francois Truffaut > > > VIDEOLIB is intended to encourage the broad and lively discussion of issues > relating to the selection, evaluation, acquisition,bibliographic control, > preservation, and use of current and evolving video formats in libraries and > related institutions. It is hoped that the list will serve as an effective > working tool for video librarians, as well as a channel of communication > between libraries,educational institutions, and video producers and > distributors. > -------------- next part -------------- An HTML attachment scrubbed and removed. HTML attachments are only available in MIME digests. End of videolib Digest, Vol 32, Issue 64 **************************************** VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
