US Copyright Office - LOC - announces new rules...

Technically-oriented discussion of classic films on everything from 35mm to Blu-Ray
User avatar
Rick Lanham
Posts: 2054
Joined: Wed Feb 25, 2009 10:16 pm
Location: Gainesville, FL

US Copyright Office - LOC - announces new rules...

Unread post by Rick Lanham » Mon Jul 26, 2010 9:37 pm

Today the LOC announced new rules on circumventing technology in order to use short portions of DVDs in new works:

Statement of the Librarian of Congress on the Anticircumvention Rulemaking:

Determination of the Librarian of Congress and Text of the Regulation (to be published in Federal Register Tuesday, July 27):

The Recommendation of the Register of Copyrights:

The Librarian of Congress has announced the classes of works subject to the exemption from the prohibition against circumvention of technological measures that control access to copyrighted works. Persons making noninfringing uses of the following six classes of works will not be subject to the prohibition against circumventing access controls (17 U.S.C. § 1201(a)(1)) until the conclusion of the next rulemaking.

(1) Motion pictures on DVDs that are lawfully made and acquired and that are protected by the Content Scrambling System when circumvention is accomplished solely in order to accomplish the incorporation of short portions of motion pictures into new works for the purpose of criticism or comment, and where the person engaging in circumvention believes and has reasonable grounds for believing that circumvention is necessary to fulfill the purpose of the use in the following instances:

(i) Educational uses by college and university professors and by college and university film and media studies students;
(ii) Documentary filmmaking;
(iii) Noncommercial videos.

The rest of the page applies to computer programs, computer games, and ebooks.

See the link at the top for other information.

I assume, but don't know that other copyright rules still apply. I thought that some of you might be interested.

I was wondering though:
Does it mean that someone could make a documentary using large numbers of short excerpts from published DVDs??


Posts: 1064
Joined: Tue Jan 19, 2010 12:51 am


Unread post by moviepas » Tue Jul 27, 2010 1:52 am

Seems rather vague to me. Big companies charge big bucks for a few minutes for use in a documentary & I assume there are time limits on that use as well. Sometimes the answer is No for permission at any price. Of course people assume trailers are not covered so trailers have often been used in place on material they have not got permission to use & pay for.

I used to see often the line on German Long Play Records that said in English against a track on a recording of some performance years old: With Friendly Thanks from such & such but I assume they pay for that track in some way either cash or a track royalty based on sales and music royalties would have to be paid regardless.

It does seem a little vague though.

Jim Henry
Posts: 55
Joined: Tue Dec 25, 2007 7:21 am

Unread post by Jim Henry » Tue Jul 27, 2010 10:31 am

The phrase "for the purpose of criticism or comment" is going to be an important factor in qualifying for that exemption. And note that it means criticism of or comment on the motion picture from which the excerpt is taken. You can't take a clip as fair use for the purpose of criticizing or commenting on something else.

This isn't expanding fair use. What they are saying is that you are exempted from the rules against circumventing CSS technology if necessary to obtain an excerpt that falls under the cited fair use. The fair use part isn't new, just the reconciliation of the anti-circumvention laws with the fair use exemption.
Jim Henry

Posts: 192
Joined: Sun Dec 13, 2009 12:35 am
Location: New England

Re: US Copyright Office - LOC - announces new rules...

Unread post by ClayKing » Thu Aug 05, 2010 8:05 pm

I wonder if this is a response to the many YouTube videos that use or incorporate film clips, often for satiristic purpose? I saw one today of a sequence of clips from "Star Wars" where audio of Arnold Schwartzenegger was dubbed over Darth Vader's. It was clever, and somewhat amusing.

Post Reply