Fwd: DEADLINE approaches to tell Copyright Office you want to use your fair use rights; my example

[Aaron Gerow]

For those of you who currently use the exception to the DMCA to rip DVDs to show clips in class, etc., the deadline approaches to make comments on an extension to the exemption. Please send a comment if you can.

Aaron Gerow
Yale

Begin forwarded message:

> 差出人: Kenneth Nolley <knolley at WILLAMETTE.EDU>
> 日時: February 5, 2012 8:04:22 PM EST
> 宛先: H-FILM at H-NET.MSU.EDU
> 件名: DEADLINE approaches to tell Copyright Office you want to use your fair use rights; my example
> 返信先: H-NET List for Scholarly Studies and Uses of Media <H-FILM at H-NET.MSU.EDU>
> 
> From: Patricia Aufderheide <paufder at american.edu>
> 
> As you probably know, the Copyright Office is about to close the
> window on filing comments in its docket on the DMCA
> exemptions.<http://www.copyright.gov/1201/> At this point, you can
> respond to what someone else has put in.
> 
> If you do contribute to the record, *it could make a big difference.*
> 
> This docket is about whether you win an exemption to the penalties for
> breaking encryption in order to access copyrighted material under fair use.
> Like when you want to take a clip from a DVD to show in class, or to
> include in scholarly work.
> 
> Two years ago, both documentarians and professors won exemptions. They now
> have to renew them if they still want them.
> 
> One of the “classes” of works being considered this time around is e-books.
> Below, as an example, is the submission I made in that class. It took me
> five minutes to write. (I submitted it online, that took another minute.) I
> got help from Jack Lerner and his good colleagues at the University of
> Southern California IP clinic; they’re all cc’d here. You can get help from
> them too. They’re also helping out the documentarians.
> 
> 
> 
> Feb. 2, 2012
> 
> TO:  United States Copyright Office, Library of Congress
> 
> FROM: Patricia Aufderheide, University Professor and Director of the Center
> for Social Media, School of Communication, American University (
> paufder at american.edu, 202-643-5356)
> 
> IN RE: Docket No. RM 2011-07
> 
> *NEED FOR AN EXEMPTION TO PRODUCE MULTIMEDIA E-BOOKS*
> 
> * *
> 
> *Summary of argument: As a scholar who prepares multimedia works in e-book
> format, I need to incorporate video clips into my e-books (Proposed Class
> of Works “7E”) to ensure my readers will have stable access to the clips, a
> practice that I cannot do without an exemption to the DMCA.*
> 
> * *
> 
> I write in support of the Comment of Mark Berger, Bobette Buster, Barnet
> Kellman, and Gene Rosow, petitioning for an exemption to the DMCA’s
> anti-circumvention measures for the purpose of creating multimedia e-books
> (Proposed Class of Works “7E”).
> 
> I am a University Professor at American University, a scholar of
> documentary film, and the author of *Documentary Film: A Very Short
> Introduction *(Oxford University Press, 2007). I anticipate being able to
> use this exemption for future editions of that book and other books.
> 
> I have in the past incorporated multimedia elements into my work, where the
> platform and publisher permitted. For instance, I published “How
> Documentary Filmmakers Overcame their Fear of Quoting and Learned to Employ
> Fair Use: a Tale of Scholarship in Action,” in *International Journal of
> Communication* in the Winter 2007 issue. I incorporated a range of video
> clips drawn from copyrighted sources such as documentary films, television
> programs, and a website. These were incorporated simply by embedding videos
> through links to the site. All those links, upon my visiting the
> *International
> Journal of Communication *site and downloading the PDF on January 28, 2012,
> were broken. This was because of a website redesign. This is one example of
> why stable access to scholarly citation in multimedia formats will require
> copying and importing the material. However, I am concerned that the DMCA
> may prohibit the stable access that I and many other authors require.
> 
> In my History of Documentary course, which I expect to develop for an
> online platform and draw upon to produce a multimedia version of my text, I
> routinely employ clips accessed under a previous DMCA exemption. For
> instance, in order to demonstrate the difference in approach between a
> traditional broadcast public affairs documentary and a personal essay
> documentary, I contrast the way two films, *Trade Secrets* and *Blue Vinyl*,
> treat the same topics and even the same interviewees. In order to discuss
> the difference between an advocacy and news approach to the same topic, I
> excerpt segments on similar topics from both the PBS *Nova *program “Is
> Wal-Mart Good for America?” and Brave New Films’ *Wal-Mart: The High Cost
> of Low Price. *I also provide brief exemplary excerpts of films in order to
> illustrate a trend or style. For instance, I show excerpts from *Berlin:
> Symphony of a Great City*, *Rien que les Heures*, and *Rain*, to
> demonstrate an international modernist fascination with the synergy between
> people and machines in the urban environment.
> 
> I want and expect to be able to use, under the same solid principles of
> fair use, these materials beyond the formal teaching platform, for instance
> in the publishing of an e-book. I look forward to being able to teach,
> explain and explore the history and ethics of documentary film, using
> current techniques of display and study and across different platforms.
> 
> Thank you for your consideration.
> --
> Pat Aufderheide, University Professor and Director
> Center for Social Media, School of Communication
> American University
> 3201 New Mexico Av. NW, #330
> Washington, DC 20016-8080
> www.centerforsocialmedia.org
> paufder at american.edu
> 202-643-5356
> 
> Order Reclaiming Fair Use: How to Put Balance Back in Copyright, with Peter
> Jaszi. University of Chicago Press, 2011.
> <
> http://www.amazon.com/Reclaiming-Fair-Use-Balance-Copyright/dp/0226032280/ref=sr_1_2?ie=UTF8&qid=1321544105&sr=8-2
>> 
> 
> Sample *Reclaiming Fair Use! * <http://centerforsocialmedia.org/reclaiming>
> 
> Early comments on *Reclaiming Fair Use:*
> 
> "The Supreme Court has told us that fair use is one of the "traditional
> safeguards" of the First Amendment.  As this book makes abundantly clear,
> nobody has done better work making sure that safeguard is actually
> effective than Aufderheide and Jaszi.  The day we have a First Amendment
> Hall of Fame, their names should be there engraved in stone.  --Lewis Hyde,
> author, *Common as Air: Revolution, Art and Ownership*
> 
> “*Reclaiming Fair Use* will be an important and widely read book that
> scholars of copyright law will find a ‘must have’ for their bookshelves. It
> is a sound interpretation of the law and offers useful guidance to the
> creative community that goes beyond what some of the most ideological books
> about copyright tend to say.”―Pamela Samuelson, University of California,
> Berkeley School of Law
> 
> "If you only read one book about copyright this year, read *Reclaiming Fair
> Use.  *It is the definitive history of the cataclysmic change in the custom
> and practice surrounding the  fair use of materials  by filmmakers and
> other groups."  --Michael Donaldson, Esq. Senior Partner, Donaldson &
> Callif, Los Angeles.
> 
> 
> 
> Fax:  503-370-6944

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