MI2N
Music Industry News Network
MONDAY, DECEMBER 18TH
Advanced Search
MusicDish Advertising Network
HOME | FREE NEWS SUBMISSION | PREMIUM PR DISTRIBUTION | PR COPYWRITING | RSS FEEDS | TESTIMONIALS | CONTACT

Sections: Band | Business | Career | Events | Label | Music Releases | Radio | Tech | Video | Web Events
Genres: Country/Folk | Dance/Electronica | Jazz/Blues | Latin | Rock | Urban | World
International: Asia | Canada | Europe

Advertise | Artist Development | Submit Video | MusicDish*China | MusicDish e-Journal | MusicDish Network | Urban Music News Network
Tech News (more headlines) 10-28-2003

Consumers Unable To Make Lawful Use Of CDs, DVDs In US Copyright Office Ruling

Bookmark and Share
Website: http://www.ipjustice.org
IP Justice Media Release

Contact: Robin Gross, IP Justice Executive Director
+1 415-553-6261 robin@ipjustice.org

October 28, 2003

US Copyright Office DMCA Ruling Issued
Consumers Still Unable to Make Lawful Use of Digital Media

Today the US Librarian of Congress issued its Ruling in the triennial proceedings pursuant to the US Digital Millennium Copyright Act (DMCA) to determine possible exemptions to the DMCA's general ban on circumvention of technological restrictions controlling copyrighted works. Unfortunately, the ruling leaves the vast majority of consumers unable to access their own property, such as skipping commercials on DVDs, playing CDs in their PCs, and reading eBooks on PDA's without violating the DMCA.

The Librarian's ruling is based upon the recommendation of the US Copyright Office after conducting its public study on the adverse impact on the ability to make fair use and other lawful uses of digital media.

The US Librarian of Congress has created the following four narrow exemptions from the DMCA's general ban on circumvention for the next three-years:

1. Compilations consisting of lists of Internet locations blocked by commercially marketed filtering software applications that are intended to prevent access to domains, websites or portions of websites, but not including lists of Internet locations blocked by software applications that operate exclusively to protect against damage to a computer or computer network or lists of Internet locations blocked by software applications that operate exclusively to prevent receipt of email.

2. Computer programs protected by dongles that prevent access due to malfunction or damage and which are obsolete.

3. Computer programs and video games distributed in formats that have become obsolete and which require the original media or hardware as a condition of access.

4. Literary works distributed in ebook format when all existing ebook editions of the work (including digital text editions made available by authorized entities) contain access controls that prevent the enabling of the ebook's read-aloud function and that prevent the enabling of screen readers to render the text into a specialized format

The first two exemptions are very similar to the original two exemptions granted by the Librarian in the first DMCA Rulemaking in 2000. While the two new exemptions will be useful to a small handful of consumers, the Librarian's ruling still leaves the vast majority of legitimate consumer uses of digital media illegal under the DMCA.

During the Rulemaking, IP Justice requested the Librarian issue exemptions to permit consumers to access their DVDs, CDs, and ebooks on the devices of their choosing and in the manner of their choosing.

"Its disappointing that the US Copyright Office and Librarian continue to relinquish their power to protect the rights of American consumers to lawfully use their own property as Congress had intended when it created this rulemaking proceeding in 1998," said IP Justice Executive Director Robin Gross, who testified in both the 2000 and 2003 US Copyright Office Hearings.

Even though the Librarian's ruling creating exemptions to the DMCA's general ban on circumvention under 1201 (a)(1), all the tools that are necessary to practically carry out that exemption are still forbidden under 1201(a)(2).

In the 2000 US Copyright Office DMCA Rulemaking, two exemptions were issued to the general ban on circumvention.
1. Compilations consisting of lists of Web sites blocked by filtering software applications.
2. Literary works, including computer programs and databases, protected by access control mechanisms that fail to permit access because of malfunction, damage or obsolescence.

US Copyright Office Ruling of Oct. 28, 2003:
http://www.copyright.gov/1201/

The Recommendation of the Register of Copyrights:
http://www.copyright.gov/1201/docs/registers-recommendation.pdf

Statement of the Librarian of Congress:
http://www.copyright.gov/1201/docs/librarian_statement_01.html

Determination of the Librarian of Congress and Text of Regulation:
http://www.copyright.gov/1201/docs/fedreg-notice-final.pdf

See IP Justice's participation in the 2003 US Copyright Office DMCA Proceedings:

IP Justice Comments Filed Dec. 17, 2002 Requesting Exemptions for DVDs, CDs, and eBooks:
http://www.ipjustice.org/IPJ_1201_Comments.shtml

IP Justice Testimony of May 2003:
Request Exemption for Copy Protected CDs:
http://www.ipjustice.org/ipjtestimony051503_1.shtml

Request Exemption for DVD Tethering:
http://www.ipjustice.org/ipjtestimony051503_2.shtml

Request Exemption for DVD Region Coding:
http://www.ipjustice.org/ipjtestimony051503_3.shtml

Transcript of LA Hearings - May 14-15. 2003
http://www.copyright.gov/1201/index.html#hearings_ca

Post-Hearing Comments of IP Justice:
http://www.ipjustice.org/030620.shtml


2003 US Copyright Office DMCA Rulemaking Proceedings:

NTIA Letter to Copyright Office
http://www.ntia.doc.gov/ntiahome/occ/dmca/dmca2003/dmcaletter_08112003.html

US Copyright Office DMCA Website:
http://www.copyright.gov/1201/

US DMCA:
http://www.copyright.gov/legislation/hr2281.pdf

17 USC Section 1201 (a) (1) of DMCA:
http://www.copyright.gov/title17/92chap12.html#1201

Petition by Static Control Components:
http://www.copyright.gov/1201/2003/petitions/index.html

All Comments Filed:
http://www.copyright.gov/1201/2003/comments/index.html

All Reply Comments Filed:
http://www.copyright.gov/1201/2003/reply/reply1.html

US Copyright Office Hearings Page:
http://www.copyright.gov/1201/2003/hearings/schedule.html

All Post-Hearing Responses:
http://www.copyright.gov/1201/2003/post-hearing/index.html

2000 US Copyright Office DMCA Rulemaking:

US Copyright Office Ruling of Oct. 27, 2000:
http://www.copyright.gov/fedreg/2000/65fr64555.pdf

"DMCA Takes Full Effect - Millions of Americans Become Criminals"
Nov. 7, 2000
http://www.eff.org/cafe/DMCAruling.htm

Bookmark and Share

back | top



MusicDish Advertising Network

Mi2N Music PR

The Ed Sheeran Of The Hare Krishna World: Meet Cyril Wohrer

"Mountain Songs" Music From The Heart Of The Mountains

Hybrid Studios Now Offering Online Disklavier Services

Roger D'Arcy Releases 'TUMBLING' From Latest Album HOUSE OF HEADS

Katie Garibaldi Releases Original And First Ever Holiday Album, Home Sweet Christmas

Dark Avenue Premiere "The Light" Music Video

A True Life Touching Song Wins Top Honors In The 22nd Annual USA Songwriting Competition



MusicDish*China Song Blast
Promote Your Music Single In China

News Headlines
Mi2N EDITOR'S PICKS
» Celebrating $5 Million Earned By Artists On Splice
» Stingray And Singing Machine Unwrap New Karaoke App For Android Phones And Tablets
» Innervision Records Adds To Its Growing Roster With Vocalist, Guitarist And Keyboardist Jay Soto
» Daggerplay Release New Single 'Cruel Wind Blowing'
» Stephen Kallao Joins World Cafe As Contributing Host
» Bill Hearn, 58, CEO Of Market-Leading Capitol Christian Music Group Passes Away
» SourceAudio Launches Podcastmusic.Com: New Service Provides Hassle-Free Music Licensing For Podcasts
» Manchester Camerata Orchestra Presents An Evening Of Motown & Northern Soul Classics
» New Fast Boyfriends Album Announced
» The Ed Sheeran Of The Hare Krishna World: Meet Cyril Wohrer


Get your music news covered...
Have your press release written
by the pros at Mi2N

Articles
MUSICDISH E-JOURNAL
» Lithuanian Band Grabs Bronze At The Silk Road Indie Music Festival 2017
» Live Entertainment Specialists Headliner Launch Premium Artist Booking Service
» Voice-Controlled Speakers & The Music We Listen Too
» Nordic & British Musicians' Unions' Joint Statement On Sexism In The Music Industry
» Women Make An Impact On The 2018 MPG Awards Shortlist
» The Nashville Musicians Sound Healthcare Plan Rolls Out
» Streaming & Listening Diversity - Spotify Case Study
» Two-Sides Of Copyright Finance: Sound Royalties & Kobalt
» Career Moves: ROLI, Live Nation Sweden, Music Glue, BBR Music Group, Warner/Chappell Music Spain & Blue Night Soundscapes
» Europe's Digital Music Leaders Form Alliance
» Pandora Subscriber Base Grows To Over 5 Million
» Hybrid Studios Announces Online Mastering Services

Mi2N's Music PR distribution service guarantees online exposure for your press release. Choose from seven (7) different packages.


HOME | FREE NEWS SUBMISSION | PREMIUM PR DISTRIBUTION | PR COPYWRITING | RSS FEEDS | TESTIMONIALS | CONTACT

Sections: Band | Business | Career | Events | Label | Music Releases | Radio | Tech | Video | Web Events
Genres: Country/Folk | Dance/Electronica | Jazz/Blues | Latin | Rock | Urban | World
International: Asia | Canada | Europe

Advertise | Artist Development | Submit Video | MusicDish*China | MusicDish e-Journal | MusicDish Network | Urban Music News Network
Copyright © 1997-2017 MusicDish LLC, all rights reserved. Text, graphics, and HTML code are protected by US and International Copyright Laws, and may not be copied, reprinted, published, translated, hosted, or otherwise distributed by any means without explicit permission.