tishaturk: (OTW)
[personal profile] tishaturk
In May 2009, I joined Rebecca Tushnet and Francesca Coppa to testify before the U.S. Copyright Office DMCA hearings; we argued for a DMCA exemption that would allow vidders and other creators of noncommercial remix video to rip DVDs for the purposes of making videos that constitute fair use of copyrighted material.

Today, we found out that the Copyright Office has released the ruling, and... WE WON!
Motion pictures on DVDs that are lawfully made and acquired and that are protected by the Content Scrambling System when circumvention is accomplished solely in order to accomplish the incorporation of short portions of motion pictures into new works for the purpose of criticism or comment, and where the person engaging in circumvention believes and has reasonable grounds for believing that circumvention is necessary to fulfill the purpose of the use in the following instances:

(i) Educational uses by college and university professors and by college and university film and media studies students;
(ii) Documentary filmmaking;
(iii) Noncommercial videos.


This ruling is amazing, and yet, having seen Rebecca Tushnet testify, I cannot say that it is totally surprising. She was on FIRE, people. I hope to be that awesome one day.

I am very pleased to have been part of such a terrific group effort. The EFF submitted the exemption proposal, the OTW submitted a reply comment in support of that proposal (shout-out to Casey Fiesler for the huge amounts of work she put in on that!), and then there was the testimony itself, the written responses to follow-up questions from the Copyright Office, and... a lot of waiting.

And now we all get to celebrate, because seriously, WOW.

Date: 2010-07-26 10:21 pm (UTC)
rivkat: Fandom is my fandom (fandom is my fandom)
From: [personal profile] rivkat
Now get ready to do it all over again in two years!

Date: 2010-07-27 12:44 am (UTC)
laurashapiro: happy Chiana (yay!)
From: [personal profile] laurashapiro
\o/

Date: 2010-07-28 07:41 pm (UTC)
laurashapiro: Text only: fandom is my fandom (fandom meta)
From: [personal profile] laurashapiro
Because you are JUST THAT AWESOME.

Date: 2010-07-26 10:26 pm (UTC)
From: [identity profile] jarrow.livejournal.com
WOW. Holy crap! Y'all are vidding superheroes! Thank you!

Date: 2010-07-28 07:45 pm (UTC)
From: [identity profile] tishaturk.livejournal.com
FANDOM WON. I am so happy, and also possibly a little overwhelmed.

I have to say, the vidders in the OTW test suite are my superheroes; their work is cited all over the Register's recommendations (http://otw-news.dreamwidth.org/43718.html). Vidders make art; once we made the copyright office look closely at that art and understand how and why it gets made, they had to acknowledge that the DMCA was restricting fair uses of copyrighted material.

Date: 2010-07-26 10:51 pm (UTC)
From: [identity profile] sabaceanbabe.livejournal.com
Words cannot express how hard you all rock. \o/

Date: 2010-07-28 07:47 pm (UTC)
From: [identity profile] tishaturk.livejournal.com
As I said to [livejournal.com profile] jarrow upthread, the people who really rock are the vidders in the OTW test suite; their work is cited all over the Register's recommendations (http://otw-news.dreamwidth.org/43718.html). Vidders make art; once we made the copyright office look closely at that art and understand how and why it gets made, they had to acknowledge that the DMCA was restricting fair uses of copyrighted material.

Date: 2010-07-27 12:59 am (UTC)
From: [identity profile] obsessive24.livejournal.com
That's amazing! Congratulations!!!

Date: 2010-07-28 10:12 pm (UTC)
From: [identity profile] tishaturk.livejournal.com
Thank you for being excited with us about our admittedly U.S.-centric legal breakthrough! :)

Date: 2010-07-27 03:50 am (UTC)
From: [identity profile] keiko-kirin.livejournal.com
WOW!!! \O/

Date: 2010-07-28 10:24 pm (UTC)
From: [identity profile] tishaturk.livejournal.com
POSSIBLY I AM A LITTLE EXCITED. :D

*Jizz*

Date: 2010-07-27 05:43 am (UTC)
From: [identity profile] mranderson71.livejournal.com
Image (http://www.gifbin.com/982769)

Awesome-sauce!

Re: *Jizz*

Date: 2010-07-28 10:25 pm (UTC)
From: [identity profile] tishaturk.livejournal.com
That .gif is... actually kind of disturbing. But yes, the DMCA ruling is awesome. :)

Date: 2010-07-27 07:04 am (UTC)
From: [identity profile] buffyann.livejournal.com
That's totally fantastic !

Date: 2010-07-28 10:27 pm (UTC)
From: [identity profile] tishaturk.livejournal.com
It really is! And I am so pleased that my favorite international vidders are celebrating our U.S.-centric victory with us! :)

Date: 2010-07-28 10:13 pm (UTC)
From: [identity profile] tishaturk.livejournal.com
Heeeeee! \o/

Date: 2010-07-28 12:51 am (UTC)
From: [identity profile] e-transitions.livejournal.com
awesome!!! Thanks so much everyone! I wish I'd had a chance to help out.

Date: 2010-07-28 10:34 pm (UTC)
From: [identity profile] tishaturk.livejournal.com
You can still help out! The DMCA exemptions have to be renewed every 3 years, and since they took so long to issue this ruling, we'll be defending the exemption again in less than 2 years. We got this exemption because we were able to provide specific, concrete examples to help prove our claim that vidders need to be able to use DVD-quality source; sharing your stories, experiences, expectations, and practices with the OTW Vidding Committee is a fantastic way to help. Tell us why this stuff matters to you, and we will collect all these vids and stories and use them to keep making these arguments and winning these protections for vidders and AMV makers and other remix video artists!

You can read more here:
http://community.livejournal.com/otw_news/93805.html

Date: 2010-08-10 05:12 am (UTC)
From: [identity profile] e-transitions.livejournal.com
actually, I meant help with the legal research and drafting - but that works too ;) I'll work on whipping something up

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Tisha Turk

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