(by Kristine Roach, Colorado Law 2L)
The right to erasure, colloquially known as the right be forgotten, has been adopted by the EU General Data Protection Regulation (GDPR). It gives individuals the right to have their personal data erased:
- Where the personal data is no longer necessary in relation to the purpose for which it was originally collected/processed.
- When the individual withdraws consent.
- When the individual objects to the processing and there is no overriding legitimate interest for continuing the processing.
- The personal data was unlawfully processed (i.e. otherwise in breach of the GDPR).
- The personal data has to be erased in order to comply with a legal obligation.
- The personal data is processed in relation to the offer of information society services to a child.
However, the right is not absolute and the requestee can refuse to erase data of the requestor for the following reasons:
- to exercise the right of freedom of expression and information;
- to comply with a legal obligation for the performance of a public interest task or exercise of official authority.
- for public health purposes in the public interest;
- archiving purposes in the public interest, scientific research historical research or statistical purposes; or
- the exercise or defense of legal claims.
Continue reading “Last Week in Tech Policy #68A: Who Needs the Right to be Forgotten?”
(by Angel Antkers & Susan Miller, Colorado Law 2Ls—cross-posted from the Authors Alliance blog)
The fair use doctrine allows the unlicensed, unpermissioned use of a copyrighted work in certain situations. It functions, in part, to safeguard First Amendment interests in freedom of speech. But as the world moves toward more digital authorship and online content, fair use is encountering various obstacles.
Continue reading “Fair Use and the Digital Millennium Copyright Act”
(By Sophia Galleher, Colorado Law 2L)
First, think figure skating. Then, watch this—at minute 2:45 Jimmy Ma brings it, unzipping his jacket and giving a tongue wag à la Michael Jordan as his music breaks into a hip hop-electronic dance mix of “Turn Down For What” by DJ Snake and Lil Jon. Surprised? Welcome to figure skating in 2018, where Tchaikovsky’s “Swan Lake” and Beethoven’s “Moonlight Sonata” are remnants of the past.
Ma’s routine epitomizes the impact of a 2014 rule change where the International Skating Union, in an attempt to inject life into a sport with waning popularity, agreed to allow skaters to use music backed by vocals in their routines. And the move has proven to be a success: within hours of his performance, Ma, an otherwise unremarkable figure skater—an 11th place finish at the U.S. National Championships in an Olympic year is hardly newsworthy—became an internet sensation, lighting up the Twitter feeds of both skaters and non-skaters alike. Ma’s routine is not alone. In 2017 a French pair team’s bone-chilling performance set to Disturbed’s rendition of “The Sound of Silence” went viral, generating over 30 million views.
But while the figure skating world is abuzz with excitement over the sport’s future, the 2014 rule change has simultaneously ushered in a host of copyright questions.
Continue reading “Last Week in Tech Policy: #60 Skating Around Copyright”
Today, TLPC student attorneys filed three long form comments with the Copyright Office as part of the seventh triennial Section 1201 proceeding. Under Section 1201 of the DMCA, parties may petition the Copyright Office every three years to create or update exemptions when the DMCA adversely affects noninfringing activities.
Sophia Galleher filed a comment to enable better access to films and other copyrighted works for people with disabilities. Susan Miller and Angel Antkers, along with colleagues at the UC Irvine Intellectual Property, Art, and Technology (IPAT) Clinic, filed a comment to enable artistic expressions like fan fiction by expanding the allowed uses of multimedia e-books. Elizabeth Field and Justin Manusov filed a comment to better protect good faith security researchers.
Continue reading “TLPC Files Three DMCA Comments for Disability Services, Multimedia E-Books, and Security Research”
(by Colorado Law 3Ls Gabrielle Daley, Luke Ewing, and Lindsey Knapton)
Over the past two years the Samuelson-Glushko Technology Law and Policy Clinic (TLPC) has worked with Professor Caroline Ncube of the University of Cape Town and representatives of member states of the World Intellectual Property Organization (WIPO) to prepare a study on the implications of copyright law for people with disabilities around the world.
The 35th Session of WIPO’s Standing Committee on Copyright and Related Rights (SCCR) is fast approaching. This November 13-17, representatives from member states and non-governmental organizations from around the world will gather in Geneva, Switzerland to discuss international copyright policy. During this meeting, our team will present the findings of the study we’ve spent the better part of the last year preparing. As the November meeting nears, this post discusses the work we’ve done to date.
Continue reading “International Copyright Law and Accessibility”
Last week, the TLPC continued its efforts to make copyrighted works more accessible to people with disabilities. On behalf of the TLPC’s client, the Association of Transcribers and Speech-to-text Providers (ATSP), as well as the Association of Research Libraries (ARL), the American Library Association (ALA), and the Association of College and Research Libraries (ACRL) TLPC student attorneys Sophie Galleher, Angel Antkers, and Susan Miller filed a petition for an exemption from Section 1201 of the Digital Millennium Copyright Act (DMCA) that would allow disability services offices, organizations that support people with disabilities, libraries, and other units at educational institutions to circumvent technological protection measures on videos to make them accessible, including through closed and open captions and audio description. The exemption will allow disability service offices, educational institutions, and libraries to better fulfill their legal and ethical obligations to make visual media more accessible to people with disabilities. The TLPC filed the petition as part of the U.S. Copyright Office’s triennial review of exemptions from the anti-circumvention measures in Section 1201.
(by Elizabeth Field and Justin Manusov, Student Attorneys)
TLPC Files DMCA Exemption Renewal
This week, TLPC student attorneys Elizabeth Field and Justin Manusov filed a petition with the Copyright Office to better protect good faith security researchers. The petition, along with another filed earlier this summer, seeks to renew and modify an exemption from Section 1201 of the Digital Millennium Copyright Act (DMCA), which prohibits circumvention of technological access controls (such as digital rights management (DRM)) to copyrighted material. The modification specifically seeks to limit the potential risk of liability that good faith security researchers face in their work to protect consumers from security breaches and other harm. The TLPC filed the comment on behalf of the TLPC’s clients Prof. Ed Felten and Prof. J. Alex Halderman, who are both computer scientists whose research includes computer security and privacy.
This week, TLPC student attorneys Sophie Galleher, Angel Antkers, and Susan Miller filed with our colleagues at the UC Irvine Intellectual Property, Art, and Technology (IPAT) Clinic a petition with the Copyright Office seeking to expand an exemption from Section 1201 of the Digital Millennium Copyright Act (DMCA) for nonfiction multimedia e-books offering film analysis. The petition asks to modify the exemption to include fictional multimedia e-books, multimedia e-books on subjects other than film analysis, and removing the limitations that refer to screen-capture technology. The TLPC and UC IPAT team filed the petition on behalf of the TLPC’s client, Authors Alliance, as well as Professor Bobette Buster and the Organization for Transformative Works (OTW) as part of the U.S. Copyright Office’s triennial review of exemptions from the anti-circumvention measures in Section 1201.
(By Lucas Ewing, Colorado Law 2L)
The World Wide Web Consortium (W3C) is an international organization whose goal is to set standards for the World Wide Web. Due to W3C’s highly technical subject matter, internal discussions rarely broach the public discourse, but recently, open internet advocates and some W3C members have expressed concern over plans to endorse Encrypted Media Extensions (EMEs).
Continue reading “Last Week in Tech Policy #47: W3C and EME—Is DRM Being Inserted in Your Web Browser?”