MEDIA CURRENT: THE IP WARS

By David Rosen

After the Thanksgiving recess, Congress is expected to vote on two bills that will influence the future of online Intellectual Property (IP).

The Senate bill (S. 968) is dubbed the “PROTECT IP Act” (PIPA) which stands for the “Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act”; it was adopted by the Judiciary Committee in May. The House bill (H.R.3261) is the Stop Online Piracy Act (SOPA) and is currently being deliberated.

The Motion Picture Association of America (MPAA), the music industry and a handful of digital rights holders, including games companies Sony and Nintendo, are pushing the bills. (Forbes published a strong defense of the Senate bill.)

The fight against this new effort to police IP on the web is being led by Senator Ron Wyden (D-OR), a coalition of free-speech advocates including the Electronic Frontier Foundation (EEF), Reporters Without Borders and Human Rights Watch as well as an growing assortment of tech and financial services companies like American Express, eBay, Google and Yahoo!

The bills are ostensibly intended to enable the U.S. Department of Justice to secure a court order to shut down a website accused of copyright infringement. These are designated as “rogue websites dedicated to infringing or counterfeit goods.” The bills are designed to halt websites (particularly those outside the U.S.) from offering bootlegged movies, knockoff Louis Vuitton handbags, fake Viagra and other questionable merchandise.

The bills essentially complement each other. PROTECT-IP is aimed at sites “dedicated to infringing activities,” while SOPA goes after sites that apparently don’t do enough to track and police infringement. In addition, SOPA expands U.S. enforcement powers to take down foreign sites and not just those claiming to be a “U.S. authorized version.”

Most alarming to web businesses, SOPA would allow the U.S. government to establish a blacklist of sites that it claims are infringing copyright claims. Such a blacklist would violate the due process rights of site owners, but would also require Internet Service Providers (ISPs) to shut down access to a site on the blacklist. In addition, web payments companies (like Paypal and Visa) as … Read the rest

BIG NEWS FOR DOC MAKERS: LIBRARY OF CONGRESS GRANTS DMCA EXEMPTIONS

By Scott Macaulay

Big news from the Library of Congress today. In their three-year annual review of the Digital Millennium Copyright Act, restrictions on documentary makers related to the fair use of copyrighted materials were significantly eased. Attorney Michael C. Donaldson, who assembled the coalition lobbying for these changes and provided pro bono counsel, commented, “Documentary filmmakers have been freed of the high price extracted by rights holders, or the high price of possible criminal prosecution, when they need to reach public domain material or material to be used pursuant to fair use. All they have to do is follow a few simple rules and they can copy such materials from commercially available DVDs.”

Here is a summary of the new regulations provided by Donaldson’s publicists:

Today the Librarian of Congress approved the recommendations of the Copyright Office granting relief to all documentary filmmakers. It granted the International Documentary Association’s request for an exemption from the provisions of the Digital Millennium Copyright Act (DMCA) that made it a crime to rip a DVD.

The exact language is that if you are engaged in documentary filmmaking, you can copy a DVD without violating the DMCA as follows: “solely in order to accomplish the incorporation of short portions of motion pictures into new works for the purpose of criticism or comment, and where the person engaging in circumvention believes and has reasonable grounds for believing that circumvention is necessary to fulfill the purpose of the use…”

In order to qualify for the exemption you must meet all of the following criteria:

1. You must have lawfully acquired a lawfully made DVD. In other words, don’t buy a pirated copy. Don’t steal a legitimate copy.

2. You may only copy short portions of material for a “non-infringing use” which essentially translates into material in the public domain or material that you plan to use pursuant to the doctrine of fair use.

3. You must be making the copy to use in a documentary.

4. You want to be sure that you are well aware of public domain and fair use laws.

5. You must be a

… Read the rest