Led by student attorneys Alexys Aylward, Kevin Nguyen, and Manuela Ramirez Cruz, this week TLPC filed an amicus brief in the U.S. Court of Appeals for the D.C. Circuit on behalf of a coalition of fair users in support of a constitutional challenge to a controversial copyright law.
Enacted in 1998, Section 1201 of the Digital Millennium Copyright Act (DMCA) bars the circumvention of “technological protection measures” (TPMs) indented to protect copyrighted works from unauthorized reproduction, unless one obtains permission from the Copyright Office through a tedious rulemaking process that occurs once every three years. A lawsuit brought by the Electronic Frontier Foundation on behalf of noted security researcher Matthew Green and several others challenges the constitutionality of Section 1201 under the First Amendment, in view of the burdens the provision imposes on the free speech rights of Americans.
The TLPC’s amicus brief on behalf of a coalition of accessibility organizations, libraries and archival organizations, and computer security researches explains how Section 1201 violates the First Amendment by preventing them from making fair uses of copyrighted materials encumbered by TPMs—unless they subject themselves to the burdensome and undignified process of obtaining an exemption from the Copyright Office. The brief argues that the burdens of participating in the exemption process, combined with the fact that the exemption process is available only once every three years, are beyond what the First Amendment can bear.
This week’s brief marks the second time the TLPC has represented a diverse coalition of fair users in this case, which was first filed in 2016. The Court is expected to decide the case in the new year.
The signatories of the brief drafted by the TLPC are:
The American Foundation for the Blind (AFB)
The American Library Association (ALA)
Andrew W. Appel
The Association on Higher Education and Disability (AHEAD)
The Association of Research Libraries (ARL)
The Association of Transcribers and Speech-to-Text Providers (ATSP)
The Software Preservation Network
Steven M. Bellovin
Telecommunications for the Deaf and Hard of Haring, Inc (TDI).
The brief can be downloaded by clicking here or on the image below.
Technology and Intellectual Property Clinical Law Professors File Comments on Law Student Participation in Copyright Claims Board Proceedings
With the assistance of TLPC Student Attorneys Cameron Benavides, Sam Retter, and Garrett Janney, a coalition of thirteen technology and intellectual property clinical law professors filed comments with the Copyright Office on the Office’s recent Notice of Proposed Rulemaking on law student participation in Copyright Claims Board (CCB) proceedings under the Copyright Alternative in Small-Claims Enforcement (CASE) Act. CCB proceedings allow the adjudication of copyright “small claims” disputes. The professors highlighted a range of concerns, centered on the CASE Act’s opt-out mechanism, that likely will limit their willingness and ability to participate in CCB proceedings. The comments can be downloaded below.
The Constitutionality of Library E-Book Licensing Legislation
cross-posted from Authors Alliance
The following blog post was authored by Becca Lynch, a student clinician with the Samuelson-Glushko Technology Law & Policy Clinic at University of Colorado Boulder under the supervision of Professor Blake Reid, as part of an Authors Alliance student clinic project on library e-book licensing legislation.
Continue reading “The Constitutionality of Library E-Book Licensing Legislation”TLPC Files Amicus Brief on Behalf of Accessibility, Security, and Repair Fair Users Urging DC Circuit to Strike Down Controversial Copyright Law as Unconstitutional
Led by Colorado Law student attorneys John Jang, Victoria Venzor, and Peter Troupe, the TLPC today filed an amicus brief with the U.S. Court of Appeals for the District of Columbia Circuit on behalf of a coalition of accessibility, security, and repair individuals and organizations, supporting the lawsuit of security researcher Dr. Matthew Green and others, represented by the Electronic Frontier Foundation, over a controversial copyright law. The brief urged the court to conclude that Section 1201 of Title 17 of the U.S. Code, added by the Digital Millennium Copyright Act of 1998, violates the First Amendment by chilling fair uses aimed at making copyrighted works accessible to people with disabilities, researching security vulnerabilities in computer software, and repairing software-enabled vehicles and devices. Section 1201 prohibits the circumvention of technological protection measures (TPMs) on copyrighted works, requiring accessibility, security, and repair organizations to pursue exemptions in a burdensome triennial rulemaking conducted by the U.S. Copyright Office of the Library of Congress. The brief details the substantive and procedural harms of Section 1201 and the rulemaking to the First Amendment rights of people with disabilities, disability services organizations and libraries, security researchers, and ordinary consumers and repair professionals.
TLPC Releases Policy Brief on Access to Colorado Law and the Government Edicts Doctrine
(by Stacey Weber, TLPC Student Attorney)
The TLPC is pleased to release a policy brief detailing the state of free and open public access to the law in Colorado under the government edicts doctrine. At the request of Carl Malamud, President of Public.Resource.Org., the TLPC took a deep dive into the legal and practical realities of access to the law in Colorado. The brief details our findings, noting that Colorado demonstrates leadership with its open government framework but still has important work to do to preserve access to justice and foster innovation.
Continue reading “TLPC Releases Policy Brief on Access to Colorado Law and the Government Edicts Doctrine”TLPC Advocates for Expansion of Video Accessibility Exemption to Section 1201 of the DMCA
(by Scott Goodstein, Colorado Law 3L)
On April 5, 2021, the TLPC—on behalf of the Association of Transcribers and Speech-to-Text Providers (ATSP), along with ATSP’s past president Jason Kapcala and Jonathan Band of the Library Copyright Alliance (LCA), presented at the Eighth Triennial Section 1201 Rulemaking Hearing in support of the Proposed Class 3 exemption to the anti-circumvention provisions of Section 1201 of the Digital Millennium Copyright Act (DMCA). Section 1201 prohibits users from circumventing technological protective measures (TPMs) that control access to copyrighted works, but allows them to apply for and receive temporary exemptions for a variety of noninfringing uses. The petition for the Proposed Class 3 exemption was filed on behalf of ATSP and in partnership with the Association on Higher Education and Disability (AHEAD) and the LCA.
Continue reading “TLPC Advocates for Expansion of Video Accessibility Exemption to Section 1201 of the DMCA”TLPC Advocates for Expansion of E-Book Accessibility Exemption to Section 1201 of the DMCA
On April 5, 2021, the TLPC, on behalf of the American Council of the Blind (ACB) and a coalition of other organizations, appeared at a hearing before the U.S. Copyright Office to urge expansion of an existing exemption from the the anticircumvention measures of Section of 1201 of the Digital Millennium Copyright Act (DMCA) that allows the remediation of e-books into accessible formats. The expansions were designed to help the U.S. fulfill its obligations under the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled. The public hearing was one of the final stages in the eighth triennial rulemaking proceeding under Section 1201, which provides that the Librarian of Congress, upon the recommendation of the Register of Copyrights, may adopt temporary exemptions to section 1201’s prohibition against circumvention of technological measures that control access to copyrighted works.
Continue reading “TLPC Advocates for Expansion of E-Book Accessibility Exemption to Section 1201 of the DMCA”TLPC Advocates for Broad Accessibility Exemption to Section 1201 of the DMCA
(by Rachel Hersch, Colorado Law 2L)
On April 5, 2021, the TLPC, on behalf of its client the American Council for the Blind (ACB), and joined by a broad coalition of disability organizations, appeared at a hearing before the Copyright Office to urge adoption of a broad accessibility exemption from the anti-circumvention provisions of Section 1201 of the Digital Millennium Copyright Act (DMCA). The proposed exemption would remove roadblocks to access to digital works for people with disabilities. TPMs limit people with disabilities’ access to digital works because TPMs often block assistive technology. For example, a person may be prevented from watching a lawfully acquired video because the video’s TPMs block color-shifting technology, which the person needs to be able to watch the video. The proposed exemption would allow that person to lawfully circumvent this TPM in order to utilize the assistive color-shifting technology.
Continue reading “TLPC Advocates for Broad Accessibility Exemption to Section 1201 of the DMCA”TLPC Advocates for Expansion of Security Research Exemption to Section 1201 of the DMCA
(by Wilson D. Scarbeary, Colorado Law 3L)
Section 1201 of the Digital Millennium Copyright Act (DMCA) prohibits the circumvention of technological protection measures (TPMs) that control access to copyrighted works. Every three years, the Copyright Office holds a rulemaking to consider temporary exemptions to this prohibition on circumvention of TPMs for noninfringing activities such as accessibility, repair, and security research.
Security research has become a critical aspect of our modern cybersecurity architecture, and renewing and expanding this exemption is critical to enable security research into devices ranging from voting machines to personal devices. The TLPC took part in the development of an early temporary exemption for security research in 2008, and has participated in each triennial review since then. This cycle, the TLPC worked on behalf of our client, Professor J. Alex Halderman of the University of Michigan, along with the Center for Democracy and Technology and the United States Technology Policy Committee of the Association of Computing Machinery.
Continue reading “TLPC Advocates for Expansion of Security Research Exemption to Section 1201 of the DMCA”TLPC Files Comments in the Eighth Section 1201 Triennial Review
Today, the TLPC filed a series of comments in the Copyright Office’s Eighth Triennial Review of exemptions from the anticircumvention measures of Section 1201 of the Digital Millennium Copyright Act. Section 1201 prohibits the circumvention of technological protective measures (TPMs) that control access to copyrighted works, but allows stakeholders to apply for and receive broader temporary exemptions for a variety of noninfringing uses. The TLPC filed comments on four exemptions, one focused on security research and the other three on various accessibility purposes.
Continue reading “TLPC Files Comments in the Eighth Section 1201 Triennial Review”