The critical DMCA Exemption Hearings continue today. Here is a transcript from the last hearing on April 11. We are proud to have participated in the public comment period last December:
- Lawmeme’s Ernest Miller has turned in what I think is an extraordinary and highly logical request for an exemption from the DMCA prohibition on copying DVDs for any purpose, including fair use recording of small segments of a DVD for review purposes. Seeing that DVDs often contain material exclusive to the DVD – interviews, behind the scenes, background on the subject, outtakes, etc. – the fact that we can’t legally host clips of these DVD-exclusive segments in conjunction with reviews is a grievous disservice to our readers and to the site.
Background from the Library of Congress Copyright Office:
- The Copyright Office is conducting the rulemaking proceeding mandated by the Digital Millennium Copyright Act, which provides that the Librarian of Congress may exempt certain classes of works from the prohibition against circumvention of technological measures that control access to copyrighted works.
The purpose of this proceeding is to determine whether there are particular classes of works as to which users are, or are likely to be, adversely affected in their ability to make noninfringing uses due to the prohibition on circumvention of access controls. This page will contain links to published documents in this proceeding.
The Notice of Inquiry in this second anticircumvention rulemaking requested written comments from all interested parties, including representatives of copyright owners, educational institutions, libraries and archives, scholars, researchers and members of the public, in order to elicit evidence on whether noninfringing uses of certain classes of works are, or are likely to be, adversely affected by this prohibition on the circumvention of measures that control access to copyrighted works. The initial round of comments (due December 18, 2002) was restricted to comments proposing exemptions for specific classes of works. Reply comments (due February 19) were submitted in opposition to or in further support of exemptions proposed in the initial comments.
- May 9 (Postal Rate Commission, 1333 H Street, NW., Third Floor, Washington, D.C.)
9:30 a.m.
1. Static Control Component Proposals
Seth Greenstein, Static Control Components, Inc.
Jane Ginsburg
Ralph Oman, Lexmark International, Inc.
2 . Broadcast News Monitoring Proposal
Todd Murphy and Pro Sherman, International Association of Broadcast Monitors
Seth Schoen, Electronic Frontier Foundation
Troy Dow, The Walt Disney Company and The ABC Television Network
Jerold Fritz, Allbritton Communications Company and the National Association of Broadcasters
Los Angeles, CA, Hearing Agenda
UCLA Parking information: Limited parking will be available on the UCLA campus for $7.00. Participants may purchase entrance cards at the parking kiosk located at Hilgard and Wyton for entrance to Parking Lot 3 located approximately a block north of the law school. The hearing is in the Moot Court room, 1310, on the first floor of the law school .
May14
9:00 a.m.
1. Literary works:
Lists of websites contained in Censorware Software James Tyre, The Censorware Project
Steve Metalitz, Joint Reply Commenters
2. Literary works:
Damaged, malfunctioning, obsolete
Research, Security and other noninfringing uses
Brewster Kahle, The Internet Archive
Barbara Simons, The Association for Computing Machinery
George Ziemann
Steve Metalitz, Joint Reply Commenters
3. Sound recordings and musical works:
Copy Protected CDs
Gwen Hinze and Ren Bucholz, Electronic Frontier Foundation
Lauren Gelman, IP Justice
Cary Sherman, RIAA
Mark Belinsky, Macrovision, Inc.
May 15
9:00 a.m
1. Audiovisual works and motion pictures:
DVD – Tethered/alternative platforms
DVD – Noninfringing uses
Lauren Gelman, IP Justice
Gwen Hinze and Ren Bucholz, EFF
Bill Krepick, Macrovision, Inc.
Dean Marks, AOL Time Warner
Steve Metalitz, Joint Reply Commenters
2. Audiovisual works and motion pictures:
DVD – Ancillary or sole source material
DVD – Public domain
Gwen Hinze and Ren Bucholz, EFF
Ernest Miller, Information Society Project, Yale Law School
Kathy Gamezy, Directors Guild of America
Dean Marks, AOL Time Warner
Steve Metalitz, Joint Reply Commenters
3. Audiovisual works and motion pictures:
DVD – Region Coding
Gwen Hinze and Ren Bucholz, EFF
Lauren Gelman, IP Justice
Dean Marks, AOL Time Warner
Steve Metalitz, Joint Reply Commenters