Provisions FAIR USE Act

1 provisions

1.1 section 2: copyright infringement
1.2 section 3: dmca amendments

1.2.1 (i) libraries , archives
1.2.2 (ii) objectionable content
1.2.3 (iii) personal network
1.2.4 (iv) public domain works
1.2.5 (v) public interest work , research
1.2.6 (vi) circumvention preservation

provisions

the fair use act consists of 2 main provisions: redefining copyright infringement , amending copyright circumvention exemptions.

section 2: copyright infringement

section 2 amend section 504(c)(2) of title 17, , prevent courts levying statutory damages in cases of secondary infringement.

section 2 amend section 501 adding no person shall liable copyright infringement based on design, manufacture, or distribution of hardware device or of component of device if device capable of substantial, commercially significant noninfringing use. in effect, reverse supreme court’s decision in mgm studios, inc. v. grokster, ltd. (2005), held 1 distributes device object of promoting use infringe copyright ... liable resulting acts of infringement, has gradually come interpreted mean distribution of object capable of infringement liable resulting infringement. grokster decision null, prevailing standard regarding secondary liability return court s decision in sony v. universal (also known betamax case).

section 2 echoes court s language in sony, stating 1 may not held liable copyright infringement based on design, manufacture, or distribution of hardware device or of component of device if device capable of substantial, commercially significant noninfringing use.

section 3: dmca amendments

section 3 first codifies set of circumvention exemptions granted librarian of congress part of 2006 dmca rule making process.

section 3 amends dmca add exceptions 6 types of circumvention. circumvention libraries , archives, skip objectionable content, transmit on personal network, gain access public domain works, public interest work , research, , preservation added new set of exceptions.

(i) libraries , archives

section (i) allows libraries , archives circumvent copyright purposes of compiling audiovisual works in library s collection educational classroom use instructor.

educational compilations college film , media courses exempt librarian of congress under section 1201 of dmca, exemption set expire in 2009. section(i) not made exemption permanent, expanded exemption apply compilations coursework @ grade levels, in subject area.

(ii) objectionable content

section (ii) allows circumvention via hardware or software skips objectionable content.

circumvention purposes of avoiding objectionable content became issue in 2006, when denver judge ruled edited versions of films sold companies such cleanflicks , cleanfilms not considered fair use. these companies, along handful of others, removed objectionable content (such nudity , profanity) dvds , sold edited versions consumers.

in decision, court did not address legality of companies offered software or hardware “read” unaltered media , skip objectionable content. section (ii) allows sale of hardware, such modified dvd players sold cleanplay, , software, downloadable plug-ins, skip such content.

(iii) personal network

section (iii) allows circumvention purpose of storing or transmitting media on personal network, explicitly prevents uploading of media “to internet mass, indiscriminate redistribution.

(iv) public domain works

section (iv) allows circumvention enables access public domain work, or compilation of works in public domain.

arguably, section (iv) expressly allow initiatives such google books, pioneered in 2004 database increase availability of, , readers access to, public domain works.

(v) public interest work , research

section (v) similar broader version of third prong of fair use. allows circumvention carried out gain access work of substantial public interest solely purposes of criticism, comment, news reporting, scholarship, or research.

the language of section (v) ambiguous, led critics worry language broad, potentially enabling students circumvent copyright access books, films, , music coursework, or allowing professors create course packs without obtaining permission publishers.

(vi) circumvention preservation

section (vi) allows circumvention purposes of preservation library or archives, respect works in collection.

since dcma passed, librarians across country protested limited circumvention rights afforded. association of research libraries addressed problem of preservation head-on, arguing “preservation 1 of library’s critical functions... dmca interfering our ability preserve these works.” provisions of section (vii) eliminate librarians problems preservation of works in library s collection.