DMCA Anitcircumvention Scenarios
1) the work is protected by copyright,
2) the work is available under a license agreement, or
3) whether the intended use qualifies as a fair use, as outlined in the Classroom Guidelines or as determined using a case-by-case four-factor analysis.If the intended use is not a fair use, then seek permission. If permission is denied, seek alternative works or, if you wish to pursue use of the same work, consult with the Office of the General Counsel.
Copying DVD Clips |
Scenario
A course offered in the Geography department called, Cities in Film examines how filmmakers use various cinematic techniques to portray the urban landscape. The instructor uses scenes from several movies to illustrate class lectures. She would like to create a compilation of these scenes copied from the original DVDs held at the the University library. However the DVDs use an encryption code known as Content Scrambling System or CSS which prevents copying any portion of the DVDs. This makes it impossible to copy clips or short scenes unless the instructor uses technology capable of circumventing CSS. Is it permissable to use circumvention technology to make compilations of DVD clips?
Response
In November 2006 the U.S. Copyright Office issued an exemption to permit copying of clips or short portions of DVDs by film and media studies faculty. As a practical matter, when instructors teaching courses about film and media want to create compilations to use in the classroom this exemption allows them to do so without violating the anti-circumvention provisions of the Digital Millennium Copyright Act.
Some qualifying conditions must be met. The exemption narrowly targets "film and media studies" teaching. If your course is intended to explicate filmmaking technique, theory, style, or practice then it is likely that your teaching qualifies for the exemption. The fact that a course is taught under the aegis of a film or media study department may be less important than the reason for using the compilation in class. In the scenario above if the course used film clips simply to depict urban settings with no need to examine the film technique, camera effects etc. then the copying isn't likely to qualify for the exemption.
A second condition to be met is that the compilations are made from original DVDs owned by the college or university library that provides media collection support to the curriculum. If your department relies on the university's main library collections for access to DVDs for use in the classroom these same DVDs may be used to create the compilation.