LOC Adds Fair-Use Exemption: Remixing Just Got Easier (And Legal)

One area of teaching Film Studies that's always a migraine-level headache is getting the students to use media ethically. Kids always want to include clips from their favorite DVD when we do, for example, movie trailers.

Those migraines just got demoted to run-of-the-mill headache level, as the LOC and Copyright Office recently added an exemption to the DMCA protecting video remixing. The Electronic Freedom Foundation, which filed the original lawsuit explained

The new rule holds that amateur creators do not violate the DMCA when they use short excerpts from DVDs in order to create new, noncommercial works for purposes of criticism or comment if they believe that circumvention is necessary to fulfill that purpose. Hollywood has historically taken the view that "ripping" DVDs is always a violation of the DMCA, no matter the purpose.
"Noncommercial videos are a powerful art form online, and many use short clips from popular movies. Finally the creative people that make those videos won't have to worry that they are breaking the law in the process, even though their works are clearly fair uses. That benefits everyone — from the artists themselves to those of us who enjoy watching the amazing works they create.

So Scary Mary is now legal! (though, really, it always was since it's parody. It's just that now Disney doesn't have an argument) You can read the full rule-making order here.

Of course the key here is that term "for purposes of criticism or comment."  We still need to ensure students are using these clips for new purposes: analysis, satire, parody, etc.  But that's just good teaching.

Oh, and for those of you far more technically inclined than I am...they also announced that it's ok to jailbreak your iPhone!

On a similar note, while digging around their site I ran across the EFF's Teaching Copyright, a set of 5 lessons, with accompanying handouts.  While I can only dream about teachers giving me enough time to run a mock trial, I like this site in that it leans more towards exercising "thou shalts" in copyright, rather than "thou shalt nots."  I don't think it's our job to be the copyright police; we need to promote student work and creativity, rather than raising unnecessary roadblocks.

Doug Johnson's Call to Arms

I have a confession to make. I spent the last year acting like the copyright police. Oh my intentions were good. As a teacher, I spent years grabbing whatever I needed, copyright-be-damned. Once in library school, where copyright laws and our need to enforce them were pounded into our head, I emerged with the fiery passion of the newly converted.

But it was an uneasy fit, and I was never really comfortable telling teachers what they could and couldn't do. Moreover, as I taught my new film studies class, with students eager to create video mash-ups, I struggled between my desire to encourage their creativity and my role as policeman.

Yesterday, Doug Johnson set me free.

I've read his copyright views before, but he gave an eloquent and convincing presentation yesterday attacking one of library's "sacred cows," copyright enforcement. In his words, "Our job is to counsel, not enforce laws."

I have slowly been coming to this conclusion myself, to a belief that we must push the boundaries of fair use, not cower timidly within the safety of its borders. (I'm really mixing my metaphors here, aren't I?) As Johnson stated, we must focus not on what's forbidden, but on what's permitted, and always with the needs of our students and faculty foremost. After all, the school pays my salary, not Disney.

So I think I've finally hit a comfortable middle of the road position. I no longer practice my copyright version of eminent domain, grabbing whatever I think I need, but I'm not the copyright Gestapo, either.

Doug's simple rule of thumb? If it's transformative, if it uses the work for purposes other than those originally intended, it's fair use.

Sounds good to me.

New Fair Use Guidelines--Hallelujah!

The Center for Social Media has been working on this for a while, and they finally released today a "step-by-step-guide" simplifying all the ins and outs of copyright law.

The Code of Best Practices in Fair Use for Media Literacy Education outlines five principles, each with limitations:
Educators can, under some circumstances:

1. Make copies of newspaper articles, TV shows, and other copyrighted works, and use them and keep them for educational use.
2. Create curriculum materials and scholarship with copyrighted materials embedded.
3. Share, sell and distribute curriculum materials with copyrighted materials embedded.
Learners can, under some circumstances:
4. Use copyrighted works in creating new material
5. Distribute their works digitally if they meet the transformativeness standard.

You can download the guide here, or find more information here.

Here's a video they created; I'll use this with staff development!