Analysis of Rulemaking and Multimedia Ebook Authorship Exemption to the DMCA in 2018

(cross-posted from Authors Alliance)

The following analysis was written by Harrison Grant and Brian Trinh of UCI Intellectual Property, Arts, and Technology Clinic and Colleen McCroskey and Corian Zacher of Samuelson-Glushko Technology Law & Policy Clinic at Colorado Law, under the supervision of Professors Jack Lerner and Blake Reid. Authors Alliance is grateful to the student attorneys and their supervisors for their tireless work securing exemptions to Section 1201 for authors and for this careful analysis of the results of recent rulemaking proceedings related to multimedia e-books.

On October 26th, the Library of Congress announced important new exemptions to Section 1201 of the Digital Millennium Copyright Act (DMCA) that will improve authors’ ability to create in the digital environment. Thanks to the work of a coalition of authors’ organizations including Authors Alliance and two law clinics who represented them, today authors of any non-fiction multimedia e-book can use content from DVDs, Blu-ray, and digitally transmitted video to make fair uses of copyrighted material in their own works.

Continue reading “Analysis of Rulemaking and Multimedia Ebook Authorship Exemption to the DMCA in 2018”

Internet Protocol Captioned Telephone Service (IP CTS) (Updated x2!)

Today, the TLPC filed long-form comments before the Federal Communications Commission on behalf of the Hearing Loss Association of America (HLAA), our client Telecommunications for the Deaf and Hard of Hearing, Inc. (TDI), and a coalition of consumer groups and accessibility researchers. The Commission is considering updates and changes to the IP CTS program, which millions of Americans who are hard of hearing, deaf, and DeafBlind rely on to communicate on equal terms.

Update (Oct. 16): we’ve now filed two additional sets of comments, linked below.

Update (Nov. 15): we’ve filed a final set of reply comments, linked below.

Authorship and Accessibility in the Digital Age

(cross-posted from Authors Alliance)

The Internet has opened up the opportunity for creators to reach worldwide audiences. Authors can transmit digital creations in a matter of seconds by simply uploading an article or ebook, sharing a video, or posting a blog entry. But authors can reach an even wider audience if their digital creations are accessible to those with disabilities. Notwithstanding significant strides made toward making digital content more accessible over the past decade, the prevalence of inaccessible digital content continues to be problematic.

Last fall, Authors Alliance, the Silicon Flatirons Center, and the Berkeley Center for Law and Technology convened a group of content creators, technologists, attorneys, academics, and advocates to discuss the role of creators in making digital works more widely accessible to people with disabilities, reported by TLPC student attorneys.

The roundtable discussion focused on the unique role authors, educators, and libraries play in making digital works accessible; the benefits, obligations, and barriers around accessibility; the availability of authoring tools that facilitate accessibility; and the gaps for digital accessibility that technology and policy might fill.

That conversation led to the creation of the report, Authorship and Accessibility in the Digital Age, which distills these topics into a concise summary of the current landscape, as well as recommendations for further action. We gratefully acknowledge the support of Authors Alliance, Silicon Flatirons Center and the Berkeley Center for Law and Technology in making the roundtable and the report possible. We also thank Angel Antkers, Susan Miller, and Sophia Galleher, student attorneys in the TLPC, for their role in authoring this report; and Rob Haverty at Adobe Document Cloud for his assistance in creating an accessible PDF.

Small Satellites and University Research

(by Blake E. Reid, TLPC Director)

In collaboration with the University of Colorado aerospace engineering Professor Scott Palo and a coalition of other researchers, the TLPC filed comments before the Federal Communications Commission on a variety of issues in the Commission’s proposed new streamlined process for small satellites.

Update (August 7, 2018): we’ve also filed reply comments in the same proceeding.

Gone Fishin’ (kind of!)

The spring 2018 class of the TLPC is off to their summer clerkships and post-graduation endeavors! Blog posts and podcasts will return in the fall, but the TLPC will be open with an active docket this summer. Please don’t hesitate to reach out if you’d like to collaborate on a project.

Next-Generation 911 and Data: Transparency, Privacy, and Evidentiary Considerations

(by Connor Boe, TLPC alum)

Data collection, analysis, and storage is cheaper and more reliable than ever before. This advancement in technology is constantly improving public services specifically in services dedicated to emergency response. The adoption of new technologies to increase the amount and diversity of information that public safety entities have access to during an emergency response is called Next Generation 911 (NG911). In a NG911 world, the proliferation of data when responding to emergencies will inevitably increase in size and scope. Though the receipt, processing, analysis, and storage of more data in emergency responses will be beneficial for public safety, it may also create complexities for existing statutory and regulatory obligations these entities have. Specifically, these systems have the potential to complicate state open records law compliance, privacy and data protection obligations, and chain-of-custody rules of evidence. Policy makers, emergency services, and vendors of these services need to consider the legal implications before deploying NG911 systems and not after the fact.

The benefits and drawbacks when choosing to adopt NG911 systems are far reaching. The architecture choices local governments make have the potential to rewrite the public safety answering points relationship with the general public and public safety entities. Advocates and practitioners need to understand that after data is collected by the government in response to an emergency, the information that they collect will be highly scrutinized by the communities in which they serve. These NG911 data management systems need to strike a balance between public safety, personal privacy, the rule of law, and government transparency that is acceptable to all the stakeholders in the community.

Working with several 911 stakeholders, the TLPC drafted and is pleased to release the attached white paper, which discusses attempts to discuss how the architecture of NG911 systems will impact existing legal obligations and discuss the opportunities that local governments will have when adopting these systems.

TLPC Facilitates Makerspace Webinar for Librarians

On February 28th, student attorneys Andi Wilt and Sean Doran and TLPC Director Blake Reid delivered a webinar on best practices for public library makerspaces hosted by the Colorado State Library Association.

The webinar focused on addressing problems and concerns that arise when a public space like a library provides access to 3D printing technology. 3D printers present challenges to libraries stemming from objects that may infringe intellectual property rights or raise other concerns under library policies.

The best way for libraries and other public makerspaces to mitigate against these risks may be to set up a positive agenda, training, and programming for the use of the space. For example, libraries should provide education and training of design technologies that work with 3D printers. Programs like Tinkercad are now free and easy to use, and many of them offer free training programs. Webinar attendees contributed a variety of helpful best practices that have worked in libraries across the country.

The webinar was recorded and archived by the CSLA and can be viewed anytime along with links to various resources and best practice ideas.

Gone Fishin’

The TLPC will be offline during the spring of 2016 while its director is out on paternity leave, but we’ll be back in action in fall 2016.