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6 updated exemptions for permissible copyright circumvention
The Librarian of Congress recently released an
updated list of exemptions to the Digital Millennium
Copyright Act (DMCA). The DMCA generally prohibits
the circumvention of access-control technologies
used by copyright owners to protect their works. But
the exemptions allow users of certain types of works
to circumvent such controls to make noninfringing
uses of such works. Here are the six exemptions from
this year’s updated list:
1. Motion picture DVDs. College professors and
film/media studies students, documentary filmmakers,
and those making noncommercial videos may
incorporate short clips of motion pictures into new
works for the purpose of criticism or comment if they
have reasonable grounds for believing it’s necessary
for the criticism or comment. Previously, this exemption
was limited to professors making compilations of
film clips for classroom instruction.
2. Wireless telecommunications network software.
The exemption allowing cell phone users to
unlock firmware or software that limits their phones
to a particular wireless telecommunications network
has been extended.
3. Cell phone applications. Cell phone users may now
“jailbreak” through the copy protection technology on
their phones to execute software for the sole purpose
of allowing the applications to work on their phones,
as long as the applications have been obtained lawfully.
Users, however, should be aware that other provisions
in their licensing agreements may restrict their ability
to successfully jailbreak their phones.
4. Video games. Under this new exemption, the
copyright protection on video games on personal
computers can now be circumvented — but only
for security testing. The information derived from
the testing must be used primarily to promote the
security of the computer’s owner or operator, the
computer system, or the computer network. And the
information must be used or maintained in a way
that doesn’t facilitate infringement or a violation of
applicable law.
5. Obsolete “dongles.” The exemption has been
extended that allows circumvention for computer
programs protected by “dongles” — or small
computer attachments — that prevent access because
of malfunction or damage and that are obsolete. A
dongle is considered obsolete if it’s no longer manufactured
or if a replacement or repair is no longer
reasonably available in the commercial marketplace.
6. E-books. The exemption also has been extended
for literary works distributed in electronic book
(e-book) format when all existing e-book editions of
the work (including digital text editions made available
by authorized entities) contain access controls
that prevent the enabling either of the book’s readaloud
function or of screen readers that convert the
text into a specialized format. If, however, a publisher
offers an audio version of a book, a user can’t
legally circumvent the access controls.
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