Copyright Office Should Right DMCA Wrongs in Rulemaking

“The DMCA prohibits “circumventing” digital rights management
(DRM) and “other technical protection measures” used to protect
copyrighted works. While this ban was meant to deter copyright
infringement, many have misused the law to chill competition, free
speech, and fair use. Every three years, the Copyright Office
convenes a rulemaking to consider granting exemptions to the DMCA’s
ban on circumvention to mitigate the harms the law has caused to
legitimate, non-infringing uses of copyrighted materials.

“One proposal filed by EFF is aimed at protecting the video
remix culture currently thriving on Internet sites like YouTube.
The filing asks for a DMCA exemption for amateur creators who use
excerpts from DVDs in order to create new, noncommercial works.
Hollywood takes the view that “ripping” DVDs is always a violation
of the DMCA, no matter the purpose.

“”Remix is what free speech looks like in the 21st century,
which is why thousands of noncommercial remix videos are posted to
YouTube every day,” said EFF Senior Intellectual Property Attorney
Fred von Lohmann. “The DMCA wasn’t intended to drive fair use
underground.””

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