Copyright Office Requests Comments on Possible Adverse Effects on Users from Prohibition on Circumvention

The Copyright Office of the Library of Congress is announcing the commencement of its rulemaking proceeding in accordance with provisions of the Digital Millennium Copyright Act that provide that the Librarian of Congress may exempt certain classes of works from the prohibition against circumvention of technological measures that control access to copyrighted works (17 U.S.C. 1201(a) (1)(c)). The purpose of this rulemaking proceeding is to determine whether there are particular classes of works as to which users are, or are likely to be, adversely affected in their ability to make non-infringing uses due to the prohibition on circumvention. The Office’s notice of inquire requests written comments from all interested parties, including representatives of copyright owners, educational institutions, libraries and archives, scholars, researchers, and members of the public, in order to elicit evidence on whether non-infringing uses of certain classes of works are, or are likely to be, adversely affected by this prohibition on the circumvention of measures that control access to copyrighted works.

Written comments proposing classes of works to be subject to the exemption are due by December 2, 2008. Comments in support of and in opposition to the proposals will be due in February 2009. Hearings will be held in spring 2009 at times and places to be announced early in 2009.

For further information, go to the Copyright Office website at www.copyright.gov.

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The Recommendation of the Register of Copyrights:

The Librarian of Congress, on the recommendation of the Register of Copyrights, 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)) during the next three years.

1. Audiovisual works included in the educational library of a college or university’s film or media studies department, when circumvention is accomplished for the purpose of making compilations of portions of those works for educational use in the classroom by media studies or film professors.

As preparation for this meeting, a white paper has been developed by Gary Handman (UC Berkeley) and Lawrence Daressa (California Newsreel) in an attempt to outline some of the central issues and challenges currently at hand in the digital video environment. This blog is intended as a means of responding to that paper. Input from participants will be moderated by G. Handman and incorporated into the draft white paper as appropriate.

The Digital Video Licensing White Paper for discussion at the 2008 National Media Market has been posted here