UCI IP, Arts & Tech Clinic

Intellectual Property, Arts, & Technology Clinic

IPAT Student Aaron Benmark Participated in a Hearing at the Library of Congress in Washington, DC

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This week, IPAT student Aaron Benmark participated in a hearing at the Library of Congress in Washington, DC on behalf of authors who want to use multimedia e-book technology to create new works that talk about culture, history, current events, or politics. The hearing concerned the Digital Millennium Copyright Act’s ban on breaking the encryption on DVDs, Blu-ray and most other media. When artists, authors, or filmmakers want to make fair use of cultural materials for purposes like this, the law allows them to do so—but under the DMCA, if they were to *access* the material they seek to comment on, they’d have to break the law. We were in Washington to seek an exemption to this law that would lift this restriction for authors who want to make fair use in creating multimedia e-books. We were joined by Mike Wolfe of Authors Alliance, the inimitable Bobette Buster, and Molly McClurg and Blake Reid of the Samuelson-Glushko Technology Law & Policy Clinic, our co-counsel in this effort.

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(L to R in the photo: Jack Lerner, Molly Priya McClurg, Aaron Benmark, Bobette Buster, Blake Reid, and Michael Wolfe)

IPAT Testifies Before US Copyright Office in DMCA Rulemaking Proceedings

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Yesterday we testified before the United States Copyright Office seeking an exemption to the copyright laws that would allow filmmakers to bypass encryption on DVDs, Blu-ray and digitally transmitted video for the purpose of fair use. Jim Morrissette and Gordon Quinn from Kartemquin Films as well as IPAT students Aaron Benmark and Rahul Sajnani represented the independent filmmaking community well, offering cogent testimony about the specifics of the exemption we are seeking as well as the technical challenges filmmakers face in trying to make their films. Chris Perez from Donaldson & Callif, LLP also testified about the plight of narrative filmmakers. The Copyright Office staff asked many good questions and we appreciated the chance to explain our position to them. We look forward to the next steps in this process!

You can read more about our efforts on behalf of the International Documentary Association, Film Independent, NAMAC, and many others to seek an exemption to the Digital Millennium Copyright Act here.

h/t to Art Neill of New Media Rights who also testified in support of an exemption. Thanks for the photo, Art!

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Come Support Fair Use at DMCA Exemption Hearing This Wednesday

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Angelenos who care about independent film, come to UCLA Law School tomorrow morning to see us testify in support of our proposed exemption to the Digital Millennium Copyright Act! IPAT students Aaron Benmark and Rahul Sajnani will be joining Jim Morrissette and Gordon Quinn from Kartemquin Films, and Chris Perez from Donaldson & Callif. For more information see this blogpost on the International Documentary Association’s website.

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Putting the ‘Use’ Back in Fair Use

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The Washington Post writes about the DMCA exemption that IPAT is seeking on behalf of International Documentary Association, Kartemquin Films, and thousands of filmmakers everywhere. Among other things, they mention a terrific blog post that IPAT students Aaron Benmark ’16, Kyle Reynolds ’15, and Rahul Sajnani ’16 wrote for the IDA’s website.

WaPo writes: “There are few who deny that piracy is a bad thing or that the government shouldn’t crack down on those who sell pirated DVDs or make available for download films currently in the theater. But the law should focus on punishing that activity rather than crippling the ability of would-be artists to practice their form.” 

We agree. Fortunately, Congress set up a process that can provide some relief—a year-long rulemaking process in which commenters can propose exemptions. It’s a long slog, but short of Congressional action, it’s about all we can do.

Kartemquin Films writes: “‘Should the creative class really have to fight this silly battle every three years?’ The answer is no! But we’re fighting again, alongside the International Documentary Association and UCI Intellectual Property, Arts, and Technology Clinic and others, for the rights of all filmmakers. Let’s hope this tide continues to turn our way!”

See WaPo Article to learn more.