Monday, July 26, 2010

EFF Win Legalizes Some DVD Ripping

Bloggers' Rights at EFF
This is a narrow but huge victory for consumer rights. Average consumers can now bypass CSS (rip a DVD) to create mashups of short clips without violating the DMCA. It's unclear if this enables a new opportunity to provide circumvention tools (ripping software) to consumers.

"Hollywood has historically taken the view that ripping DVDs is always a violation of the DMCA... EFF won a groundbreaking new protection for video remix artists... amateur creators do not violate the DMCA when they use short excerpts from DVDs"

Here's the Legalese...

"The Librarian of Congress announces that the prohibition against circumvention of technological measures that effectively control access to copyrighted works shall not apply to persons who engage in noninfringing uses of... motion pictures on DVDs that are lawfully made and acquired and that are protected by the Content Scrambling System when circumvention is accomplished solely in order to accomplish the incorporation of short portions of motion pictures into new works for the purpose of criticism or comment, and where the person engaging in circumvention believes and has reasonable grounds for believing that circumvention is necessary to fulfill the purpose of the use in the following instances... education, documentary filmmaking, and noncommercial videos."

The decision will "...permit extraction of film clips for use in noncommercial videos, but suggested a requirement that the clips from the audiovisual work must be for remix videos that are used for social comment or criticism, or that are used in transformative type works according to established fair use principles."

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