Yes. That is my reading of it, too. Thanks Andy. It would be nice if they’d just allow for circumvention for uses that are fair or otherwise covered by copyright exceptions and leave it at that. mb
Michael Brewer | Librarian | Head, Research & Learning | brew...@email.arizona.edu<mailto:brew...@email.arizona.edu> From: videolib-boun...@lists.berkeley.edu [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Andrew Horbal Sent: Wednesday, October 28, 2015 12:59 PM To: 'videolib@lists.berkeley.edu' <videolib@lists.berkeley.edu> Subject: Re: [Videolib] New 1201 exemptions Hi Michael, I’ve was holding off on responding to this thread until I’ve had a chance to peruse the new exemptions, but I’m not positive I’m going to get around to this before the weekend, so, briefly: the exemptions only apply to the DMCA’s prohibition on overriding technological copy protections. My reading is that while you no longer have to worry about the DMCA if you qualify for one of these exemptions, you do still need to make a separate fair use argument to justify your use of the copyrighted work being protected. If your use was found to not be fair, you would be guilty of copyright infringement; you would not, however, be guilty of violating the DMCA (because you were exempted from it). Andy From: videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Brewer, Michael M - (brewerm) Sent: Tuesday, October 27, 2015 3:19 PM To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> Subject: Re: [Videolib] New 1201 exemptions I mostly agree with Jessica. However, I have questions about what 1201 allows and doesn’t allow in these cases. It seems to me that the 1201 exemptions and fair use (or other exceptions) are different things and are supposed to be considered separately. Couldn’t one potentially legally circumvent encryption, but still violate the law, depending on the actual “fairness” of the actual use.? If anyone out there knows the answer to this, I’d be interested in hearing it. For example, could I circumvent encryption for a particular use (a noncommercial documentary, my dissertation on film, etc.), but in using the “heart of a work” still be able to be sued for copyright infringement, or does my adherence to the 1201 rule keep me safe? mb Michael Brewer | Librarian | Head, Research & Learning | brew...@email.arizona.edu<mailto:brew...@email.arizona.edu> From: videolib-boun...@lists.berkeley.edu<mailto:videolib-boun...@lists.berkeley.edu> [mailto:videolib-boun...@lists.berkeley.edu] On Behalf Of Jessica Rosner Sent: Tuesday, October 27, 2015 12:03 PM To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> Subject: Re: [Videolib] New 1201 exemptions My very quick take is that it expands both formats ( blu ray , streaming now included) and users who can break encryption use portions ( clips) of AV works. Not sure I see a big effect on university stuff as I don't really know if folks felt constrained about using clips in any class/stream though I guess profs will like blu ray option. The biggest change I see is only tangential to academic use but it seems to basically eliminate the need to ever license a clip for documentary or fiction av work. The important thing from my evil perspective of working with filmmakers and distributors is that they rejected the request for any exemptions allowing educational ( or any) user to go beyond using "limited portions" of works. I am sure others will find much more Jessica On Tue, Oct 27, 2015 at 1:08 PM, Randal Baier <rba...@emich.edu<mailto:rba...@emich.edu>> wrote: Does anyone have an accurate summary in normal speak that can still be precise without using legal language? ============== Randal Baier Eastern Michigan University Ypsilanti, Michigan 48197 (734) 487-2520<tel:%28734%29%20487-2520> rba...@emich.edu<mailto:rba...@emich.edu> tweets @rbaier – skypes @ randalbaier “... do not all strange sounds thrill us as human till we have learned to refer them to their proper source?” -Thoreau, mss., Journal 9: 1854-1855 ________________________________ From: "Sarah E. McCleskey" <sarah.e.mccles...@hofstra.edu<mailto:sarah.e.mccles...@hofstra.edu>> To: videolib@lists.berkeley.edu<mailto:videolib@lists.berkeley.edu> Sent: Tuesday, October 27, 2015 9:46:43 AM Subject: [Videolib] New 1201 exemptions https://s3.amazonaws.com/public-inspection.federalregister.gov/2015-27212.pdf 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.