The Librarian of Congress has just issued the latest *exemption* to the DCMA
rules about copying material from DVDs. The DCMA makes it a crime for anyone
to circumvent copy-protection software -- i.e., "technological measures that
control access to copyrighted works." However, the Librarian of Congress
determines when exemptions to this overly broad law are allowed.

Several years ago, media professors were given permission to break
copy-protection in order to use DVD excerpts in class. The latest statement
of exemptions *expands* that to include "university film and media studies
students." Plus, as long as the new works are created for "the purpose of
criticism or comment," these clips may be used in "documentary filmmaking"
and/or "noncommercial videos."

This certainly clears the way, I think, for students to use clips legally in
class projects -- as long as there is a criticism/comment component to them.

More info at http://www.copyright.gov/1201/ including the following
statement:

The Librarian of Congress has announced the classes of works subject to the
> exemption from the prohibition against circumvention of technological
> measures that control access to copyrighted works. Persons making
> noninfringing uses of the following six classes of works will not be subject
> to the prohibition against circumventing access controls (17 U.S.C. §
> 1201(a)(1)) until the conclusion of the next rulemaking.


> (1) Motion pictures on DVDs that are lawfully made and acquired and that
> are protected by the Content Scrambling System when circumvention is
> accomplished solely in order to accomplish the incorporation of short
> portions of motion pictures into new works for the purpose of criticism or
> comment, and where the person engaging in circumvention believes and has
> reasonable grounds for believing that circumvention is necessary to fulfill
> the purpose of the use in the following instances:


> (i)  Educational uses by college and university professors and by college
> and university film and media studies students;

(ii) Documentary filmmaking;

(iii) Noncommercial videos.


-- 
Jeremy Butler

www.TVStyleBook.com
www.ScreenLex.org
www.ScreenSite.org
www.TVCrit.com
www.ShotLogger.org
www.AllThingsAcoustic.org

Professor - TCF Dept. - U Alabama

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