mguhlin

Break the Law through Fair Use


Source: http://www.edwardsamuels.com/illustratedstory/chapter%208/fairuse.jpg

This situation came up…do you know the answer?

I am trying to burn a DVD short clip movie. How can you help me do it? I need this for a presentation.

Under the Fair use document I shared earlier (which Doug Johnson is sharing), I understood that…

…movie clips can be used for workshops/presentations described below.

Principle One states you can use a movie clip under fair use, however, is it against the law to circumvent copyright protections to get the clip? If I want a clip from a popular movie to use for a workshop, and I circumvent copyright to get it (maybe using Handbrake), have I broken the law as this comment below suggests?

The Digital Millennium Copyright Act of 1998 “makes it a crime to circumvent anti-piracy measures.” “The DMCA, passed in 1998, prohibits the circumvention of copy protection and the distribution of devices that can be used to bypass copyrights–even if people using the devices don’t do anything illegal once they’ve broken the security.”

So, of what value is Principle One so long as DMCA is in effect? Is the person with the DVD blocked from circumventing copy protection to make a clip? What about a clip that is on YouTube?

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10 comments

  1. Good question! To further embroil the idea, is it okay to show a clip if you give attribution? Or if a DVD, still pay to purchase, but only show a portion, say to emphasize a concept in your class? Is it okay to make a clip “K12 presentable” by taking out offensive language? I interested to hear responses. Especially interested to hear what Joyce Valenza has to say.

    Reply

  2. Good question! To further embroil the idea, is it okay to show a clip if you give attribution? Or if a DVD, still pay to purchase, but only show a portion, say to emphasize a concept in your class? Is it okay to make a clip “K12 presentable” by taking out offensive language? I interested to hear responses. Especially interested to hear what Joyce Valenza has to say.

    Reply

  5. Good question, Miguel. I wonder if the organization’s site has a place to post such questions. There is an impressive list of names of people that have signed on to the code and the NCTE has adopted it. What would Ken Crewes answer be? Or Peter J’s (the lawyer in the video)?

    Reply

  6. Good question, Miguel. I wonder if the organization’s site has a place to post such questions. There is an impressive list of names of people that have signed on to the code and the NCTE has adopted it. What would Ken Crewes answer be? Or Peter J’s (the lawyer in the video)?

    Reply

  9. Hi all,I’m also an educator and tech integration specialist. My school encountered the exact same issue and even paid our lawyers to investigate it.The short answer is that yes, we are breaking the law when we extract a DVD clip from an encrypted disc. The long answer is that certain types of educators have an exemption from the law and that other do not (yet). For more on this and how you can help change the law see my blog post on this matter,

    Reply

  10. Hi all,I’m also an educator and tech integration specialist. My school encountered the exact same issue and even paid our lawyers to investigate it.The short answer is that yes, we are breaking the law when we extract a DVD clip from an encrypted disc. The long answer is that certain types of educators have an exemption from the law and that other do not (yet). For more on this and how you can help change the law see my blog post on this matter,

    Reply

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