--- Forwarded Message from Judy Shoaf <[log in to unmask]> ---
>Date: Wed, 16 Apr 2008 10:15:00 -0400
>From: Judy Shoaf <[log in to unmask]>
>User-Agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.7.11)
Gecko/20050728
>To: Language Learning and Technology International Information Forum
<[log in to unmask]>
>Subject: Re: #8821 DMCA Exemption
>References: <[log in to unmask]>
>In-Reply-To: <[log in to unmask]>
Mark Kaiser of Berkeley wrote:
> It is my understanding (and PLEASE correct me if I am mistaken), that
> any ripping of a DVD to create a clip, even if the clip usage is
> considered fair use, is illegal under the Digital Millennium Copyright
> Act, unless one has received an exemption.
The illegality is specifically in getting around the copy protection
measures (I think this is called RSS coding but would include region
coding). If there are no such measures, it may not be illegal. I joined
a very interesting email list at Berkeley for media librarians, and two
persons who represent ownership of rights to films (i.e. the people who
want to sue you if you have a film festival) gave their opinion that the
use of edited clip compilations is ethical, if not legal.
HOWEVER, one of them mentioned a rumor that Yale Film Study Center has
been hit with Cease and Desist letters because of their clip-capture
service.
http://www.yale.edu/its/amt/filmstudy/clips.html
>
> 1. Does anyone have any insight on the process? I believe one writes a
> letter to the LOC and then there is a lengthy review process. Has anyone
> considered filing for an exemption before?
The review process is time-sensitive. I had thought that requests were
reviewed every two years, but maybe not. There was a call for comments
in Oct 2005, which closed in Feb. 2006, and generated exemptions in Nov.
2006. I don't know when the next call will be.
http://www.copyright.gov/1201/
> 2. Would other Language Centers / FL Depts. be willing to write letters
> of support if the Berkeley Language Center took the lead on this?
Some years ago I wanted to start procedures to get an anticircumvention
exception for language learning centers to use all-region DVD players in
the labs. An attempt was made to get a general exception for
circumvention of region codes in 2002 (I think), but every one of the
letters was from a private individual who wanted to play only two
regions (1 and another--Japanese for anime, Indian for heritage culture,
British because "my brother sent me a DVD" from there). The opinion was
that the problem could be legally solved by adjusting a computer DVD
player to play the second region, with little cost and trouble.
I felt that language labs, which need to be ready to play a video from
any region on any player that happens to be free, consitute a different
case.
Anyway, I didn't follow through. Perhaps I should suggest now to the
LLTI that both requests be made, since being able to play the DVDs in
the first place is as important as being able to get clips from them?
Judy Shoaf
University of Florida
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Otmar Foelsche, LLTI-Editor ([log in to unmask])
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