“Librarian of Congress Renews and Expands Protections for Fair Uses”
Remix Videos From DVD and Blu-Ray Sources
The Librarian effectively renewed the existing exemption for noncommercial remix videos, and expanded it to cover circumvention of DRM on Blu-Ray discs. Opponents had argued (as they have before) that remix videos are “generally infringing” and that artists should make do with whatever they can acquire through video capture or by pointing their smartphone at a screen. In fact, remix is widely recognized as a thriving genre of fair use used for all kinds of valuable political and cultural commentary and expression. Equally obviously, high quality source is essential to making the creation of persuasive, compelling works, whether those works be documentaries, Hollywood blockbusters, or short form videos. Thanks to today’s exemption remixers will be able to continue to make their art using the best quality source material.
“DMCA Section 1201 Rulemaking to Determine Exemptions to the Prohibition on the Circumvention of Technological Controls to Copyrighted Works”
Fair Use of DVDs and Online Video
The most complicated exemption focuses on DVDs. For next three years, it will be legal to rip a DVD “in order to make use of short portions of the motion pictures for the purpose of criticism or comment in the following instances: (i) in noncommercial videos; (ii) in documentary films; (iii) in nonfiction multimedia e-books offering film analysis; and (iv) for educational purposes in film studies or other courses requiring close analysis of film and media excerpts, by college and university faculty, college and university students, and K-12 educators.” A similar exemption applies for “online distribution services.”