The 1998 Digital Millennium Copyright Act makes it illegal to bypass the software "locks" on DVDs and other digital media, colloquially known as Digital Rights Management. Every 3 years, however, the Copyright Office of the United States holds a "rulemaking" to review petitions for specific exemptions to this ban on circumvention. In the 2006 rulemaking, ICA members Peter Decherney, Katherine Sender, and Michael Delli Carpini successfully petitioned for an exemption for media professors making clips for teaching purposes. Not only was their exemption granted, but they persuaded the members of the Copyright Office to reconsider the methodology used to evaluate potential exemptions.
As a result, the exemption process began to come into line with fair use, and the door was opened for more and broader exemptions. In the 2009 rulemaking, ICA joined Decherney, Sender, Delli Carpini, and a coalition of organizations to propose an expanded exemption. They were again successful, and the new exemption now applies to all "professors" who make clips for teaching. It also applies to documentary filmmakers, anyone making clips for noncommercial uses, and media studies students. The exemption only applies when clips are made from DVD for the purpose of criticism and comment, but it covers a wide range of activities undertaken by ICA members.
The exemption will need to be renewed and updated in 2012. To help with the renewal and possible expansion of the exemption, it would be valuable if you sent stories about your use of the exemption and, if applicable, your need for a broader exemption. You can read the related rulemaking documents at http://www.copyright.gov/1201. Answers to frequently asked questions and a place to send your comments and questions is available at http://www.asc.upenn.edu/DMCA.
