On June 11, 2018, New Media Rights joined the Electronic Frontier Foundation and the Organization for Transformative Works in filing a response to questions that the Copyright Office posed after we testified at the §1201 Anti-Circumvention hearings in April.
The Copyright Office inquired as to whether screen capture is an alternative to circumvention for educational uses of short film clips outside of the context of film studies courses. Our joint response reinforces our position that screen capture is not a sufficient alternative to circumvention for fair use of short clips of video.
Section 1201 outlines the DMCA’s anti-circumvention provisions that make it illegal to bypass technological protection measures (TPMs) (also known as Digital Rights Management (DRM)) that restrict access to copyrighted content. However, if the reason for breaking encryption on the content falls under an exemption to the statute, then the circumventor is relieved of liability for breaking the encryption.
You can read our joint response in the attachment below. Authors of the responses were Professors Rebecca Tushnet and Betsy Rosenblatt of the Organizations for Transformative Works, Corynne McSherry of the Electronic Frontier Foundation, and Art Neill and Erika Lee of New Media Rights.