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NEWS: U.S. Copyright Office Rules on Infringement Exemptions


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Kougeru



Joined: 13 May 2008
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PostPosted: Thu Nov 01, 2012 11:17 pm Reply with quote
that timeshifting thing is pretty lame..
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configspace



Joined: 16 Aug 2008
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PostPosted: Thu Nov 01, 2012 11:40 pm Reply with quote
^ Thing is we don't know until it's challenged and the SC rules on it, since at present this change--which comes from the Library of Congress--already conflicts with past ruling
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Mune



Joined: 20 May 2004
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PostPosted: Thu Nov 01, 2012 11:42 pm Reply with quote
Quote:
The U.S. Copyright Office ruled on exemptions to the U.S. Digital Millennium Copyright Act (DMCA) anti-circumvention protections last week. The office declared that consumers could "make use of short portions...for the purpose of criticism or comment" in noncommercial videos such as remix or mash-up videos, documentary films, multimedia ebooks offering film analysis, and for educational purposes such as a film studies classroom without penalty. These circumventions apply to online distribution services as well.


So, AMVs are now legal?
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Kikaioh



Joined: 01 Jun 2009
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PostPosted: Fri Nov 02, 2012 12:11 am Reply with quote
Mune wrote:
Quote:
The U.S. Copyright Office ruled on exemptions to the U.S. Digital Millennium Copyright Act (DMCA) anti-circumvention protections last week. The office declared that consumers could "make use of short portions...for the purpose of criticism or comment" in noncommercial videos such as remix or mash-up videos, documentary films, multimedia ebooks offering film analysis, and for educational purposes such as a film studies classroom without penalty. These circumventions apply to online distribution services as well.


So, AMVs are now legal?


I would think the "Music" part of an AMV would still be illegal, since AMVs often use the entirety of a copyrighted track as opposed to the "short portions" that seem allowed for here.
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EpicLotus



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PostPosted: Fri Nov 02, 2012 12:18 am Reply with quote
Time-shifting is still fair use. You just can't crack a DVD to do it. DVR machines are not suddenly violations of copyright.
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Ojamajo LimePie



Joined: 09 Nov 2007
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PostPosted: Fri Nov 02, 2012 1:06 am Reply with quote
Kikaioh wrote:
Mune wrote:
So, AMVs are now legal?


I would think the "Music" part of an AMV would still be illegal, since AMVs often use the entirety of a copyrighted track as opposed to the "short portions" that seem allowed for here.


And the footage used for AMVs is usually obtained by cracking DVDs or Blu-rays, so that part isn't in the clear either.
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Cecilthedarkknight_234



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PostPosted: Fri Nov 02, 2012 1:15 am Reply with quote
EpicLotus wrote:
Time-shifting is still fair use. You just can't crack a DVD to do it. DVR machines are not suddenly violations of copyright.


I still don't see why not, you buy the damn product you should be able to do what ever you want to with it.
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Juno016



Joined: 09 Jan 2012
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PostPosted: Fri Nov 02, 2012 1:47 am Reply with quote
Cecilthedarkknight_234 wrote:
EpicLotus wrote:
Time-shifting is still fair use. You just can't crack a DVD to do it. DVR machines are not suddenly violations of copyright.


I still don't see why not, you buy the damn product you should be able to do what ever you want to with it.


You're buying the product, but not the rights to own the content on the product. You're just buying something that allows you to view it as many times as you want on your own. That's how it has been for a long time now.
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Cecilthedarkknight_234



Joined: 02 Apr 2011
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PostPosted: Fri Nov 02, 2012 2:33 am Reply with quote
Juno016 wrote:
Cecilthedarkknight_234 wrote:
EpicLotus wrote:
Time-shifting is still fair use. You just can't crack a DVD to do it. DVR machines are not suddenly violations of copyright.


I still don't see why not, you buy the damn product you should be able to do what ever you want to with it.


You're buying the product, but not the rights to own the content on the product. You're just buying something that allows you to view it as many times as you want on your own. That's how it has been for a long time now.


I'm aware of that, i'm also a consumer who showed his support for a product. Maybe i'm old impassioned here but I do not like re-buy digital copies from iTunes or other outlets when I can make them myself for my own personal use.

Another thing is having a nephew that loves dragon ball z, naruto or other shonen shows.. there is no way I'm going to let a 7 year old handle my dvd's. So I make backups/copies leaving my collection safe/sound I don't find a problem with this.
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Sunday Silence



Joined: 22 Jun 2010
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PostPosted: Fri Nov 02, 2012 2:57 am Reply with quote
Cecilthedarkknight_234 wrote:
Another thing is having a nephew that loves dragon ball z, naruto or other shonen shows.. there is no way I'm going to let a 7 year old handle my dvd's. So I make backups/copies leaving my collection safe/sound I don't find a problem with this.


Or you just buy a shitty $5 VCR at a yard sale with cables, some blank VHS tapes at the thrift store, and do it that way.
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Juno016



Joined: 09 Jan 2012
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PostPosted: Fri Nov 02, 2012 4:39 am Reply with quote
Cecilthedarkknight_234 wrote:
Juno016 wrote:

You're buying the product, but not the rights to own the content on the product. You're just buying something that allows you to view it as many times as you want on your own. That's how it has been for a long time now.


I'm aware of that, i'm also a consumer who showed his support for a product. Maybe i'm old impassioned here but I do not like re-buy digital copies from iTunes or other outlets when I can make them myself for my own personal use.

Another thing is having a nephew that loves dragon ball z, naruto or other shonen shows.. there is no way I'm going to let a 7 year old handle my dvd's. So I make backups/copies leaving my collection safe/sound I don't find a problem with this.


The rules/laws are there to prevent/discourage worse things from happening, so it's not like they don't have precedence behind them. I'm pretty sure most of the people the authorities focus on catching are those who do exactly what they're trying to prevent. Not that it's no longer illegal if you have a reasoning behind it.
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mgosdin



Joined: 17 Jul 2011
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Location: Kissimmee, Florida, USA
PostPosted: Fri Nov 02, 2012 6:28 am Reply with quote
"Laws exist to make you think before you break them." - Sir Terry Pratchett, Discworld Series.

If Congress, the Court System or any of the Administrative bodies such as the Library of Congress make rules or legislation that the majority of the citizenry of the US won't obey they simple will break themselves and diminish overall respect for the Law. I.E., people stop taking time to think before breaking the Rules / Law. ( See Eighteenth and Twenty First Amendments to the United States Constitution regarding Prohibition of Alcohol for a classic example. Also, the current "War on Drugs". )

We are still shaking out how modern technology impacts creative endeavors, their creators and consumers. Likely with the rate of technology change any answers our governmental institutions can arrive at will be obsolete before they can be put in place.

Mark Gosdin
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hikaru004



Joined: 15 Mar 2004
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PostPosted: Fri Nov 02, 2012 9:26 am Reply with quote
Mune wrote:
Quote:
The U.S. Copyright Office ruled on exemptions to the U.S. Digital Millennium Copyright Act (DMCA) anti-circumvention protections last week. The office declared that consumers could "make use of short portions...for the purpose of criticism or comment" in noncommercial videos such as remix or mash-up videos, documentary films, multimedia ebooks offering film analysis, and for educational purposes such as a film studies classroom without penalty. These circumventions apply to online distribution services as well.


So, AMVs are now legal?


I would think now the opposite. AMVs are for entertainment and competition, not criticism or comment. Also you circumvented the copyright protection to obtain the footage. Prob only way it's legal if it's for a class or if you had permission from the copyrights owners.
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Mr. sickVisionz



Joined: 28 Oct 2007
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PostPosted: Fri Nov 02, 2012 10:06 am Reply with quote
hikaru004 wrote:
Mune wrote:
Quote:
The U.S. Copyright Office ruled on exemptions to the U.S. Digital Millennium Copyright Act (DMCA) anti-circumvention protections last week. The office declared that consumers could "make use of short portions...for the purpose of criticism or comment" in noncommercial videos such as remix or mash-up videos, documentary films, multimedia ebooks offering film analysis, and for educational purposes such as a film studies classroom without penalty. These circumventions apply to online distribution services as well.


So, AMVs are now legal?


I would think now the opposite. AMVs are for entertainment and competition, not criticism or comment. Also you circumvented the copyright protection to obtain the footage. Prob only way it's legal if it's for a class or if you had permission from the copyrights owners.


Why would it be the opposite? The new ruling specifically says for remix/mashup videos which is exactly what an AMV is. Heck, they even allow it for reasons as ambiguous as "commenting." It sounds like they specifically took how people use YouTube into account when making these rulings.
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TheAncientOne



Joined: 06 Oct 2010
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Location: USA (mid-south)
PostPosted: Fri Nov 02, 2012 10:08 am Reply with quote
If anyone is relying on the rulings, rather than simply reading about them in interest, it would be best to examine the actual rulings, rather than rely on a brief article that is based on summarized interpretation by yet another news source.

The original rulings (69 pages):
https://s3.amazonaws.com/public-inspection.federalregister.gov/2012-26308.pdf

The good news is that if you simply wish to review the exemptions themselves, it appears you can start with page 64. The previous pages appear to be an explanation of what was proposed, and the explanation of the reasoning behind what was accepted and rejected.

The claim this would permit video clips to be used in AMV's appears to rely heavily on those being classified as "criticism or comment".
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