How do librarians support patrons who may have experienced online harassment or defamation?
How do librarians support patrons who seek to legally “rip” media clips for fair use purposes?
How do librarians participate in the 2021 DMCA exemption process on behalf of the needs of patrons, educators and students?
“Oh GOSH! Reflecting on Hackteria's Collaborative Practices in a Global Do-It...
The Road to Copyright Clarity, Part 3
1. A Webinar Series with
Renee Hobbs
In partnership with the Northeast
Ohio Regional Library System and
the Media Education Lab
THE ROAD
TO COPYRIGHT
CLARITY
We will be starting the webinar today at 2 pm EST
EMAIL: HOBBS@URI.EDU
TWITTER: @reneehobbs
5. In Previous Sessions…..
• Understand the purpose of copyright
• Identify the rights available to
copyright holders and users
• Recognize and combat the types of
misinformation that patrons may have
about copyright
• Understand the doctrine of fair use
• Apply fair use reasoning to specific
contexts and situations
• Consider how copyright apples in the
context of COVID-19 remote
emergency teaching
6. These Questions Guide Today’s Learning
1. What are the specific laws regarding
digital content?
2. What are the rights of owners and the
rights of users in relation to these
laws?
3. How do librarians help patrons
understand their rights and
responsibilities when it comes to
platform takedowns and content ID
strikes?
7. 1. How do librarians support patrons who may have experienced
online harassment or defamation?
2. How do librarians support patrons who seek to legally “rip”
media clips for fair use purposes?
3. How do librarians participate in the 2021 DMCA exemption
process on behalf of the needs of patrons, educators and
students?
How Do Librarians Support Content Creators?
11. "No provider or user of an interactive computer service shall be treated
as the publisher or speaker of any information provided by another
information content provider."
PLATFORMS ARE NEUTRAL INTERMEDIARIES
12. PROTECTS INTERNET SERVICE PROVIDERS
FROM LIABILITY
PLATFORMS ARE LEGALLY IMMUNE
In the United States, victims of harassment and defamation
can’t make platforms take down posts or sue them for damages.
14. Digital Millennium Copyright Act (DMCA)
ANTICIRCUMVENTION
Section 1201
Criminalizes the use of technology, devices, or
services intended to circumvent digital rights
management (DRM) software that controls access
to copyrighted works.
DESIGNED TO DISCOURAGE PIRACY
Illegal to copy from
copy-protected
media
15. Did the Law Made the Use of Film Clips
for the Study of Literary Adaptation Illegal?
16. Digital Millennium Copyright Act (DMCA)
ANTICIRCUMVENTION
Section 1201
Criminalizes the use of technology, devices, or
services intended to circumvent digital rights
management (DRM) software that controls access
to copyrighted works.
DESIGNED TO DISCOURAGE PIRACY
If you want to UNLOCK computer access controls for any
purpose, every 3 years, you must petition
the Librarian of Congress for a special exemption.
FAIL-SAFE MECHANISM
insures that that law does not limit people’s rights under
the First Amendment
18. The Results of DMCA Advocacy
ANTICIRCUMVENTION EXEMPTIONS
• 2006: OK to rip audiovisual works included in the educational library of a
college or university's film or media studies department.
• 2009: Copying short portions of DVD movies into new works for the purpose
of criticism or comment or other educational uses by college and university
professors and by college and university film and media studies students;
documentary filmmaking; noncommercial videos.
• 2009: E-books with access controls that prevent the enabling either of the
book's read-aloud function or of screen readers that render the text into a
specialized format.
19. The Results of DMCA Advocacy
ANTICIRCUMVENTION EXEMPTIONS
• 2012: Ripping motion pictures for criticism or comment for use in
noncommercial videos, documentary films, nonfiction multimedia e-books
offering film analysis, and educational purposes requiring close analysis of
film and media excerpts, by college and university faculty, college and
university students, and kindergarten through twelfth grade educators.
• 2015 : Ripping motion pictures for criticism or comment for use by educators
and participants in nonprofit digital and media literacy programs offered by
libraries, museums and other nonprofit entities with an educational
mission.
20. The Results of DMCA Advocacy
ANTICIRCUMVENTION EXEMPTIONS
• 2018: Ripping or circumvention is done by a disability services office or other
educational unit for the purpose of adding captions and/or audio
description to a motion picture to create an accessible version as a
necessary accommodation for a student or students with disabilities.
• 2018: K-12 students can use the exemption when acting under the direct
supervision of K–12 educators
• 2018: Screen-capture technology is considered a legal alternative to
circumvention.
21. 1. How do librarians support patrons who seek to
legally “rip” media clips for fair use purposes?
2. How do librarians and educators participate in the
2021 DMCA exemption process on behalf of the
needs of patrons, educators and students?
Digital Millennium Copyright Act (DMCA)
How Do Librarians Support Content Creators?
23. The Results of DMCA Advocacy
MORE ANTICIRCUMVENTION EXEMPTIONS
Smartphones
Smart TVs
Vehicle Software
Video Games
Computer Security Research
Alexa, Amazon Echo and Google Home
24. Digital Millennium Copyright Act (DMCA)
SAFE HARBOR
Section 512
Protects Internet Service Providers against
copyright liability if they promptly block access to
allegedly infringing material (or remove such
material from their systems) if notified by
copyright holder; offers a counter-notification
provision if use is exempted under fair use.
Requires digital
platforms to
remove potentially
infringing content
32. Digital Millennium Copyright Act (DMCA)
ANTICIRCUMVENTION
Section 1201
SAFE HARBOR
Section 512
Help patrons understand how to file a Takedown
Notice when their copyright has been infringed
Help patrons understand their legal rights for
counternotification when their digital content
has been taken down
Help patrons learn how to legally “rip” DVDs or
unlock digital content for fair use purposes
How Librarians Support Content Creators