photo by 422737 |CC0

Earlier this week, Authors Alliance submitted comments to the Copyright Office in support of a modified exemption to Section 1201 of the DMCA for multimedia e-books. The proposed exemption would allow all authors to access the clips they need to make fair use of video clips in their e-books. These comments were submitted as part of the seventh annual triennial rulemaking process for 2018, with the goal of building on the success of our previous efforts to advocate for fair uses of copyrighted content.

As we wrote in the comment, “Electronic books continue to represent a well-utilized form of authorship that becomes more dynamic when multimedia elements are added. With modern technology, authors are now able to incorporate audiovisual content directly into their e-books for lawful fair use purposes. Multimedia e-books allow a unique experience not possible through simple static text and visuals. By allowing authors to embed non-static forms of content into e-books, multimedia e-book technology empowers authors to conduct scholarship, express new ideas, facilitate rich discussion, educate others, engage in creative expression, and share research and findings in a way that mere prose cannot.”

We also joined with EFF, New Media Rights, the Organization for Transformative Works, the American Library Association, the Association of Research Libraries, and the Association of College Research Libraries on a comment in support of one clear, easier-to-use exemption for video excerpts that would allow authors, educators, libraries, documentary filmmakers, remix artists, and others to use video snippets without fear of legal repercussions by copyright owners. The comment is available here.

We will continue to track the status of these proposed 1201 exemptions and to provide updates as the rulemaking process moves forward in 2018.