heidi | I need a counterpart for this icon

...and it needs to say "Vids are kinds of fair use."

You may've seen the posts on

otw_news - as well as the reports on CNN, from the EFF, and all over twitter about the fact that jailbreaking phones - including the iPhone - does not violate the Digital Millennium Copyright Act - and nor does ripping a DVD to get source material for fanvids.

In other words, you're not breaking the law if you rip a DVD to make a noncommercial, educational and/or artistic fanvid.

"The purpose of the proceeding is to determine whether current technologies that control access to copyrighted works are diminishing the ability of individuals to use works in lawful, noninfringing ways." That's what the Librarian of Congress said in releasing the exception, and what I find interesting and fantastic about it is that it explicitly confirms that there are circumstances in which fanvidding is a lawful, noninfringing activity/action/act. If it was always unlawful and consistently infringing, this ruling could not have happened, because, as the Librarian said in the end of the ruling:

[It] is sometimes necessary to circumvent access controls on DVDs in order to make these kinds of fair uses of short portions of motion pictures.

Vids? Are kinds of fair use! Yes, many of us have believed this and argued it by analogy and by examining cases and the congressional record, but to have the Librarian of Congress - who was given the power in 1998 to determine whether exemptions could be granted to the DMCA - say that a vid is a kind of fair use is the sort of thing that will impact vidders because it is so explicit and affirmative.

A noncommercial vid is, presumptively, a kind of fair use, if there is any educational or artistic value, criticism or commentary contained therein.

So sayeth the Librarian of Congress!

(And maybe when this is revisited in two years the "college/university" exemption can be expanded to the lower grades?)

I am disappointed that the EFF doesn't plan to extend its discussion of the DMCA at Dragon*Con in light of this significant change in the DMCA as it impacts fans - I emailed them yesterday and they said it was too late to make any changes, but they may discuss it in the hacking session, too.

Perhaps one of the other tracks, like YA or Anime, can add on an early morning (CLE available?!?) session on Saturday or Sunday for lawyers and vidders to discuss the impact? I really wish it had happened two weeks ago so

chaeche and I could've discussed it at Infinitus, and I wish I could be in Chicago next week to celebrate with other vidders, too! Perfect timing, LoC!