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DMCA Policy | Digital Millennium Copyright Act | Copyright Law Of The United States us digital millennium copyright act pdf

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us digital millennium copyright act pdf

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moncler snowsuit 2015 DMCA Exemption for Filmmakers The DMCA’s ban on breaking encryption is hurting our ability to make fair use. But you are helping us renew our exemption!

 

The Digital Millennium Copyright Act (DMCA) makes it illegal to rip from DVDs, Blu-ray discs, and many other encrypted technologies. The law is blocking our ability to make fair use and could seriously harm documentary filmmaking. Why? Because even though fair use allows us to use copyrighted footage, the DMCA restricts our access to such material.

Luckily, the law lets the Librarian of Congress grant exemptions that allow folks to access the works they need. In November 2014, we published a survey asking filmmakers to weigh in on how the DMCA has effected their ability to make fair use. 

Your responses were much appreciated, and made a huge difference. 

On February 6, 2015, Jack Lerner and Michael Donaldson submitted a final DMCA Exemption Comment to the United States Copyright Office on behalf of the IDA, Film Independent, Kartemquin Educational Films, and the Indie Caucus, among others. Please stay tuned for more updates on this issue. We couldn't have done it without you.   

Thank you for your help in this fight to preserve our fair use rights!

Want to know more? Read our FAQs .

Frequently Asked Questions 1. What is the DMCA?

DMCA stands for the "Digital Millennium Copyright Act.” Passed in 1998, it was Congress’s attempt to update copyright for the digital age. Among other things, the DMCA made it illegal to “rip” DVDs and later Blu-ray discs.

2. Why should I care?

The art of filmmaking is critical to our culture and our democracy. When the DVD became the default media format of our time, the ability of filmmakers to make fair use of copyrighted video clips became compromised. Because “ripping” a DVD requires bypassing the Content Scramble System— the DVD’s “technological protection measure” (see question 4, below)—the Digital Millennium Copyright Act made the act of “ripping” a DVD illegal even in situations where the doctrine of fair use permits filmmakers to use the material on the DVDs without permission. The same holds true now for Blu-ray discs, as well as other technologies like set-top box DVRs, digital streaming services like Netflix, and almost every technology out there that filmmakers need to make fair use.

To account for the danger that the DMCA poses to fair use, free speech, and other lawful uses, Congress created a special process in which the Librarian of Congress grants specific exemptions every three years.

3. What is this “exemption” process all about?

A recent exemption to the copyright laws permits filmmakers to rip from DVDs and some online sources for use in a documentary film for purposes of fair use, including criticism, commentary, and illustration. But this exemption will soon expire. The International Documentary Association and Kartemquin Films, with the help of the UCI Intellectual Property, Arts, and Technology Clinic and Donaldson + Callif, LLP, are actively seeking a modified exemption for all filmmakers that would apply to DVD, Blu-ray, and digitally transmitted video.

The current exemption restores documentary filmmakers’ fair use rights by allowing them to use material on DVDs in our films for purposes of criticism or commentary without fear of crushing liability—but it will run out in 2015. We are now seeking a renewal and modification of the exemption, one that covers makers of scripted film as well as other important sources of material like Blu-ray and digitally transmitted videos.

4. What are technological protection measures?

Technological protection measures are security measures designed to prevent access or copying. The primary technological protection measure used on all DVDs is an encryption scheme called CSS (Content Scrambling System), the primary technological protection measure used on Blu-ray discs is called AACS (Advanced Access Control System), and there are a variety of other protection measures—both hardware and software based—for digitally transmitted video (like cable TV and streaming services like Netflix). The act of ripping a DVD or Blu-ray disc bypasses this protection, which is illegal in most circumstances. The same applies to ripping video from digital downloads or streams.

5. What is fair use?

Fair use is a doctrine in the law that allows people to use copyrighted material without the copyright owner's permission, for certain purposes, such as criticism, commentary, or illustration. It is critical for much of what documentary filmmakers do. You can read more about the principles and best practices for fair use in documentary filmmaking here .

6. How long does our current exemption last?

The current exemption expires in October 2015. Exemptions must be re-applied for and re-approved by the Librarian of Congress every three years. The exemption proposal process has already begun and this is why it is so important to act now in order to secure a more effective exemption for all filmmakers!

7. I want to learn more about this! Can you point me to some resources?

Yes, we can!

For more information on the previous exemptions, and how to use them, listen to this episode of Digital Production Buzz in which these issues are discussed by IDA Board Member Jack Lerner.

The Copyright Office maintains a website discussing the Exemption process and announcing all of the petitions for new exemptions. It is available here:

Copyright Office website discussing exemptions The initial petition of the IDA, Kartemquin Films, and other organizations and filmmakers requesting the exemption, filed in October 2014 Our 2011 comment , which was the basis for the current exemption Testimony of the 2012 hearing , where Gordon Quinn and Jim Morrissette of Kartemquin Films testified in support of our request, together with exhibits in support of our request (audio here ) Los Angeles Times post on the 2011 exemption request

Learn all about fair use for documentary filmmakers:

American University’s Center for Social Media’s website on fair use for documentary filmmakers Examples of successful fair use in documentary film

 

This post was prepared by a team of student lawyers at the UCI Intellectual Property, Arts, and Technology Clinic , at the UC Irvine School of Law. Together with Michael Donaldson of Donaldson + Callif, the Clinic is representing the IDA and Kartemquin Films in this effort.



  Focal Point Publications
invites you to accept free downloads
of many of David Irving's books. But we also want you to buy them! Bookstore Notice to our readers: THESE downloadable files of David Irving's works are all Copyright. They are free for you to read only . They are not free for you to upload elsewhere. Uploading them to other websites is a violation of our copyright, and makes you liable for criminal prosecution and damages under the Digital Millennium Copyright Act, 1998. The courts have ruled that the "safe harbor" defense is not available to commercial websites which post such illegally uploaded files. Please buy the books or DVDs, all of which are now becoming available in our Classic series, and have the photos and diagrams usually missing from these downloads. We ask our readers to respect our rights, and to have regard for the years of labor which have gone into the production both of the original works and of these Internet files. Hitler's War
A new, fully-updated Millennium Edition (2001) has now been printed and simultaneously uploaded to the Internet. This fully-indexed book has over 1,000 pages, including 60 in-text illustrations and 40 pages of rare b/w and colour photos. First published in 1977.
Go to download page The original 1977 edition is also available online . The War Path (1978) | Spanish RESOURCESComplete list of David Irving's books, in chronological order
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Purchase rights to Focal Point publications
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Churchill's War
Vol. II: Triumph in Adversity
The second volume
of this three-volume series.
Go to download page DAVID IRVING'S IMPORTANT HISTORY
Nuremberg, the Last Battle
The cover shows Justice Robert H. Jackson delivering his opening speech at Nuremberg in November 1945. This 1.4-Mbyte PDF file can be read by Adobe Acrobat reader version 3.01 or later.
Go to download page David Irving's facsimile record and commentary on the infamous American policy for Germany Der Morgenthau Plan 1944/45 Go to download page IRVING'S FAMOUS D-DAY HISTORY
The War Between the Generals
A look inside the Allied high command. Some of their fiercest battles were fought against each other, but this was covered up. Not until David Irving began his research did the full truth emerge. Prepare to be surprised!
Go to download page Goebbels. Mastermind of the Third Reich
As a memorial to his oldest daughter Josephine (1963-1999), David Irving invites you to accept his biography of Hitler's propaganda minister Dr Joseph Goebbels, the first work to be based on the long-lost diaries of the minister which he retrieved from the former KGB archives in Moscow. Go to download page   FOR OUR GERMAN READERS
Der unbekannte
Dr Goebbels

Die geheimgehaltenen Tagebücher des Jahres 1938. Read the 36-page introduction to the German edition.
Go to download page ; scroll to bottom FEEDBACK
Esther H writes from Madison, Illinois: "Good luck in your fight. I hope the $50 check will at least pay for my downloading your books. Your place in history is secure as a historian and courageous champion of the truth."
YOU CAN HELP, TOO LEECHES, POULTICES AND PILLS
The Secret Diaries
of Hitler's Doctor

This volume is based on David Irving's exclusive discovery of the long lost diaries of Professor Theo Morell, Hitler's physician. It is a slightly abridged version of the 1983 first edition. Go to download page   and see the previous similar book by Mr Irving, in German: Wie krank war Hitler wirklich? COMING SOON...


IN DEUTSCHER SPRACHE The Mare's Nest
The story of Hitler's V-weapons the British Intelligence attack on them. The first edition had to be cleared by the Ministry of Defence, the Cabinet Office, the Foreign Office and the Prime Minister. This is the 1985 edition, with the excised portions put back in. Go to download page Churchill's War
Vol. II: Struggle for Power
Go to download page The Trail of the Fox: Field Marshal Erwin Rommel
Go to download page   THE FAMOUS BESTSELLER!
Apocalypse 1945:
The Destruction of Dresden

Few Britons had heard of the bombing of Dresden before this book was published. Sir Arthur Harris, Commander-in-Chief of Bomber Command, afterwards described the author as the only historian whom he would trust. Go to download page "BETTER THAN ANY THRILLER"
The Virus House
How close were the Germans to having the bomb? Nobel Prize winner Werner Heisenberg published a glowing half-page review of this book in the Frankfurter Allgemeine Zeitung . Don't miss the courageous British Commando attack on the Rjukan heavy-water factory in Norway. Illustrated with photos and diagrams. Go to download page IRVING'S WORST-SELLING BOOK
Accident: The Death
of General Sikorski

The Polish prime minister-in-exile died in a plane-crash upon takeoff from Gibraltar. Was it in fact an accident? The sole survivor of the crash, the Czech pilot, considered issuing a libel writ against Irving but realised that what he had written was simply not open to challenge in the British courts. Go to download page   Right: The German edition, of an updated text »» Uprising!
The Hungarian Revolution of 1956
This is the full story of the Hungarians' spontaneous rebellion. Irving was the first Western historian permitted to visit Budapest and view classified material on the revolution. He also tracked down and interviewed eye-witnesses and survivors, and obtained new documents and photos from them. He reveals that the uprising was fueled in no small part by anti-Semitism. Go to download page
also Hungarian edition, publ. 2003: free download (2 MB)
German edition: free download (1.8 MB) It costs us money to prepare these files, and each time you download one it costs us money too. Feel free to kick in. Use our help page to ensure we keep up this operation. If you have enjoyed a book download, what was it worth to you? The Night
the Dams Burst

The true story of the dambusters, 617 Squadron, first published as a London Sunday Express serial.

VICTIM OF A FAMOUS LIBEL ACTION!
The Destruction of Convoy PQ.17
Of some 38 ships that sailed in PQ.17, nearly all were sunk, each having gone her separate way after the convoy was scattered. This is a gripping story of invididual heroism by members of an unsung breed of brave men, the sailors of the British and American merchant navies.
Go to download page David Irving's pioneering history of the Nazi wiretap and codebreaking agency: Das Reich hört mit. Görings "Forschungsamt": Der geheimste Nachrichtendienst des Dritten Reiches (only in German). Go to download page THE BIOGRAPHY OF ERHARD MILCH
The Rise and Fall of the Luftwaffe
A fascinating look at the architect of both the Luftwaffe and Lufthansa. David Irving writes: "I visited [Erhard Milch] in 1967 in his D¸sseldorf apartment, where he lived with his niece, and he showed me a suitcase full of the diaries. He explained however that he was retaining them strictly for the use of whoever would write his biography. I volunteered at once, and thus came into possession of the diaries...." Go to download page PRAISED BY HENRY KISSINGER!
Göring. A Biography
"This is a very personal biography. Irving proves that Göring was, and is, an enigma. He survived in Irving's judgment through cunning, cruelty, a prodigious amorality and Hitler's loyalty to him. Irving's research effort is awesome."
      -- Prof. Larry Thompson, The Chicago Tribune
"The book is a goldmine for aficionados of Nazi Germany."
      -- Prof. Donald Cameron Watt, The Sunday Times
Go to download page Hess strolling in the garden at Spandau ca. 1974. He was found strangled in an outbuilding in August 1987.

WHAT REALLY HAPPENED?
Hess: The Missing Years 1941-1945
Never published in the US due to a clumsy mailing mishap by Macmillan, this book appeared in Britain on the death of Rudolf Hess after 47 years in Spandau prison. Irving was the first to use the secret British archives and the entire medical diaries of his captors.
Go to download page
Read more about Hess
Dresden, 1945. The thousands of bodies had to be cremated after the air raid, in public, on Altmarkt square. Photo by the late Walter Hahn; from the Irving collection   IN DEUTSCHER SPRACHE
Von Guernica bis Vietnam
Taschengeschichte
des Luftkriegs gegen Zivilisten
Go to download page The Memoirs of Field Marshal Keitel
translated by David Irving
"A fascinating study of the brilliant Rommel. It enables the reader to experience the emotions of a warrior in battle." -- Mark W. Clark, General, U.S. Army (ret.)

"I am tremendously impressed. . . . A superb character study and a fine work." -- Matthew B. Ridgway, General, U.S. Army (ret.)

Go to download page The Trail
of the Fox
In Search of the True Field Marshal Rommel The son of a schoolmaster, Field Marshal Erwin Rommel is considered by many to be the greatest military mind of the 20th century, a living legend both to his countrymen and his enemies. In this definitive biography, David Irving separates the myth from the man.
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