Host: Colette Vogele
Guest: Jason Schultz, Electronic Frontier Foundation
Jason is a staff attorney for the EFF specializing in intellectual property and reverse engineering. He currently leads EFF’s Patent Busting Project and also teaches graduate classes on Cyberlaw at UC Berkeley’s Boalt Hall School of Law and School of Information.
Topic for Episode 004: In this episode, Jason discusses the Digital Millenium Copyright Act (the “DMCA”) and how podcasters and video bloggers are affected by this law enacted nearly 10 years ago. We start with some background on how the DMCA came about in 1998, then turn to discussing the two key provisions of the act — anti-circumvention (17 U.S.C. §1201) and notice/takedown/safe-harbor rules (17 U.S.C. §512). This episode mostly focuses on the anti-circumvention issues faced by video bloggers and podcaters, while next week’s episode will break down the notice and takedown process of section 512.
Links for this Episode
EFF’s description of DMCA rulings etc. Copyright Office’s Summary of the DMCA (issued Dec. 1998) (note: this is a pdf) EFF FAQ on IP (scroll down to learn more about section 512) Copyright Office Rulemaking on Exemptions from Prohibition on Circumvention of Tech. Measures that Control Access to Copyrighted Works Brewster Kahle/Internet Archive’s ruling to allow circumvention measures CIS’s victory regarding cell phone unlocking Copyright Office’s Ruling on new circumvention exemptions Chaimberlain v. Skylink (garage door opener case)
Background: To get more general background information on the DMCA follow these links:
As always, you can reference the The Podcasting Legal Guide: Rules for the Revolution for more information on legal questions related to podcasting.
Credits: Benjamin A. Costa, Legal and Production Intern. Music for this episode is licensed from Magnatune. (Artist: Burnshee Thornside; Album: The Art Of Not Blending In; Song: Can I Be A Star.) Special thanks to Creative Commons and Alex Roberts for the logo design, and to Bill Streeter for getting this site designed and rolling for us.
Feedback: We would very much like to hear from you and get your feedback on this new podcast series. Things you like, don’t like, or questions you have that you’d like answered in a future episode are welcome. Please send us your feedback and questions by emailing us at colette [at] rulesfortherevolution [dot] com or by calling our listener comment line at 206-350-5738.
The original content of this work is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 2.5 License. Please attribute legal copies of this work to “Colette Vogele, Rules for the Revolution: The Podcast”.