RE: [Videolib] FW: Chronicle article: Professors and Librarians Win Narrow Exemptions to Rules in Di

Brewer, Michael (brewerm@u.library.arizona.edu)
Tue, 28 Nov 2006 10:11:50 -0700

All,

Does anyone else think it is kind of odd that film/media studies courses
were the only ones singled out here? It isn't as if film studies is the
only discipline to use film. What about those in history? literature?
sociology? I expect people will read this more broadly and make the
case that their course is in some way film related, but I just wonder
what the thinking was here. It seems like the TEACH act (i.e. poorly
written, exceedingly narrow legislation) all over again.

mb

Michael Brewer
Slavic Studies, German Studies & Media Arts Librarian
University of Arizona Library A210
1510 E. University
P.O. Box 210055
Tucson, AZ 85721
Voice: 520.307.2771
Fax: 520.621.9733
brewerm@u.library.arizona.edu

-----Original Message-----
From: owner-videolib@lists.berkeley.edu
[mailto:owner-videolib@lists.berkeley.edu] On Behalf Of Jessica Rosner
Sent: Tuesday, November 28, 2006 8:15 AM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] FW: Chronicle article: Professors and Librarians
Win Narrow Exemptions to Rules in Digital Copyright Act

Yikes I meant to post this yesterday but here is the free non subscriber
AP
version

U.S. copyright office issues six new rights, including cell phone reuse

ANICK JESDANUN

NEW YORK (AP) - Cell phone owners will be allowed to break software
locks on
their handsets in order to use them with competing carriers under new
copyright rules announced Wednesday.
Other copyright exemptions approved by the Library of Congress will let
film
professors copy snippets from DVDs for educational compilations and let
blind people use special software to read copy-protected electronic
books.
All told, Librarian of Congress James H. Billington approved six
exemptions,
the most his Copyright Office has ever granted. For the first time, the
office exempted groups of users. Previously, Billington took an
all-or-nothing approach, making exemptions difficult to justify.
"I am very encouraged by the fact that the Copyright Office is willing
to
recognize exemptions for archivists, cell phone recyclers and computer
security experts," said Fred von Lohmann, an attorney with the
civil-liberties group Electronic Frontier Foundation. "Frankly I'm
surprised
and pleased they were granted."
But von Lohmann said he was disappointed the Copyright Office rejected a
number of exemptions that could have benefited consumers, including one
that
would have let owners of DVDs legally copy movies for use on Apple
Computer
Inc.'s iPod and other portable players.
The new rules will take effect Monday and expire in three years.
In granting the exemption for cell phone users, the Copyright Office
determined that consumers aren't able to enjoy full legal use of their
handsets because of software locks that wireless providers have been
placing
to control access to phones' underlying programs.
Providers of prepaid phone services, in particular, have been trying to
stop
entrepreneurs from buying subsidized handsets to resell at a profit. But
even customers of regular plans generally can't bring their phones to
another carrier, even after their contracts run out.
Billington noted that at least one company has filed lawsuits claiming
that
breaking the software locks violates copyright law, which makes it
illegal
for people to circumvent copy-protection technologies without an
exemption
from the Copyright Office. He said the locks appeared in place not to
protect the developer of the cell phone software but for third-party
interests.
Officials with the industry group CTIA-The Wireless Association did not
return phone calls for comment Wednesday.
The exemption granted to film professors authorizes the breaking of the
CSS
copy-protection technology found in most DVDs. Programs to do so
circulate
widely on the Internet, though it has been illegal to use or distribute
them.
The professors said they need the ability to create compilations of DVD
snippets to teach their classes - for example, taking portions of old
and
new cartoons to study how animation has evolved. Such compilations are
generally permitted under "fair use" provisions of copyright law, but
breaking the locks to make the compilations has been illegal.
Hollywood studios have argued that educators could turn to videotapes
and
other versions without the copy protections, but the professors argued
that
DVDs are of higher quality and may preserve the original colors or
dimensions that videotapes lack.
"The record did not reveal any alternative means to meet the pedagogical
needs of the professors," Billington wrote.
Billington also authorized the breaking of locks on electronic books so
that
blind people can use them with read-aloud software and similar aides.
He granted two exemptions dealing with computer obsolescence. For
computer
software and video games that require machines no longer available,
copy-protection controls may be circumvented for archival purposes.
Locks on
computer programs also may be broken if they require dongles - small
computer attachments - that are damaged and can't be replaced.
The final exemption lets researchers test CD copy-protection
technologies
for security flaws or vulnerabilities. Researchers had cited Sony BMG
Music
Entertainment's use of copy-protection systems that installed themselves
on
personal computers to limit copying. In doing so, critics say, Sony BMG
exposed the computers to hacking, and the company has acknowledged
problems
with one of the technologies used on some 5.7 million CDs.

On 11/28/06 9:41 AM, "Jeff Pearson" <jwpearso@umich.edu> wrote:

>
> This article, "Professors and Librarians Win Narrow
> Exemptions to Rules in Digital Copyright Act" is available
> online at this address:
>
>
http://chronicle.com/temp/email2.php?id=ndCDhkKSRPQvYZh6GpnYZmqMSG2gMZyq
>
> This article will be available to non-subscribers of The
> Chronicle for up to five days after it is e-mailed.
>
> The article is always available to Chronicle subscribers at this
> address:
>
> http://chronicle.com/daily/2006/11/2006112801t.htm
>
>
>
> 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.

Proud Resident of a BLUE STATE

Jessica Rosner
Kino International
333 W 39th St. 503
NY NY 10018
jrosner@kino.com
212-629-6880

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.