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DMCA Circumvention Exemption Requests

By Rebecca Tushnet

List here. I am especially interested in the EFF's, which requests (along with a cellphone unlocking exemption) an exemption for circumvention that results in the creation of noncommercial videos using clips that qualify as fair use. This comes on the heels of Peter Decherney's success last time, which he is attempting to repeat, in getting the Copyright Office to recognize classes of uses/users defined by fair use. The idea is that the noncommercial clipping exemption would piggyback on a fair use determination, so that fair uses would not be deterred by the threat of DMCA liability, but there would not be a blanket exemption for clipping. Given the widespread practice of making fan videos, this is an exemption of particular interest to media fans.

Full post as published by 43(B)log on December 04, 2008 (boomark / email).