Thursday , May 26 2022

DMCA Exemption Hearings

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.

The hearing schedule is here:

    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 .

    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

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About Eric Olsen

Career media professional and serial entrepreneur Eric Olsen flung himself into the paranormal world in 2012, creating the America's Most Haunted brand and co-authoring the award-winning America's Most Haunted book, published by Berkley/Penguin in Sept, 2014. Olsen is co-host of the nationally syndicated broadcast and Internet radio talk show After Hours AM; his entertaining and informative America's Most Haunted website and social media outlets are must-reads: [email protected],, Pinterest America's Most Haunted. Olsen is also guitarist/singer for popular and wildly eclectic Cleveland cover band The Props.

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