For over a year, students in the UCI Intellectual Property, Arts, and Technology Clinic have been working tirelessly for a DMCA exemption for filmmakers and authors, on behalf of the International Documentary Association, Authors Alliance, Kartemquin Films, Film Independent,American Association of University Professors, and many others. Together with co-counsel Michael C. Donaldson, Chris Perez, and the Tech Law & Policy Clinic at University of Colorado Law School, the Acting Librarian of Congress announced a new rule that does just that in several important respects. This marks a great moment for fair use and freedom of expression.
DMCA Exemption Has Been Approved for Documentary Filmmakers
The Librarian of Congress has granted the latest exemption, including the ability to access Blu-ray and digitally transmitted video (footage obtained from a streaming site such as Netflix). We are proud to have worked with International Documentary Association, Kartemquin Films and many others to achieve a landmark exemption to the Digital Millennium Copyright Act that effects ALL documentary filmmakers nationwide!
IPAT Helps Draft Amicus Brief
Yesterday, the independent filmmaking world breathed a sigh of relief when the Ninth Circuit Court of Appeals reversed an earlier ruling in Garcia v. Google, the infamous “Innocence of Muslims” case. The case concerned whether an actress who appeared onscreen for five seconds in the notorious anti-Islam film has a copyright interest in the picture. This question is important to filmmakers because it’s often not possible to get a release from everyone in the picture. So the IPAT Clinic participated in drafting an amicus brief in the case, explaining why such a ruling could be devastating to independent filmmakers. And the court listened! “As filmmakers warn,” the court wrote, “low-budget films rarely use licenses…. And filming group scenes like a public parade, or the 1963 March on Washington, would pose a huge burden if each of the thousands of marchers could claim an independent copyright.”
Talking with Kirby Ferguson
We had a great time talking with Kirby Ferguson today about his masterful Everything is a Remix series and Fair Use! Happy #fairuseweek everybody!
‘Innocence of Muslims’ and What it Means for Documentary Filmmaking
Professor Jack Lerner, director of the Clinic, wrote a blog post last December after the oral argument in the closely-watched “Innocence of Muslims” case, Garcia v. Google. The Clinic co-authored an amicus brief in the case on behalf of the International Documentary Association.
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