RE: [Videolib] FW: Chronicle article: Professors and Librarians W

Brock, Shawn (Shawn.Brock@aetn.com)
Tue, 28 Nov 2006 12:44:29 -0500

I agree. I believe this exemption came about because it was actual film
studies professors who initially lobbied for it. I wouldn't recommend
running out and buying any "anti-CSS" software until you fully read the
actual law to see exactly who and when the exemption applies.

-----Original Message-----
From: Brewer, Michael [mailto:brewerm@u.library.arizona.edu]
Sent: Tuesday, November 28, 2006 12:12 PM
To: videolib@lists.berkeley.edu
Subject: RE: [Videolib] FW: Chronicle article: Professors and Librarians Win
Narrow Exemptions to Rules in Digital Copyright Act

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
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effective
> working tool for video librarians, as well as a channel of
communication
> between libraries,educational institutions, and video producers and
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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.
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.