Finally, a DMCA Exception for Documentary Filmmaking
Documentary filmmaking is an intellectual property minefield. The entire undertaking is imperiled by the potential for copyright and trademark infringement. Then there are numerous state law pitfalls such as violating someone’s right of publicity or invading someone’s privacy.
And until recently, documentarians could also run afoul of the Digital Millennium Copyright Act (DMCA) for circumventing the digital locks on DVDs that prevent copying in order to access and incorporate high-quality film clips into their documentaries.
Last week, the Copyright Office made headlines by expressly legalizing the jailbreaking of iPhones. But over the excitement generated by 1337 hax0rs and tech geeks everywhere, you may not have heard the quiet sigh of relief emanating from documentary filmmakers everywhere, as the Copyright Office also finally granted a DMCA exception for documentary filmmaking. (Other sounds that may have resulted from the Copyright Office’s ruling: tittering giggles over the fact that one of the new regulations applies to something called a dongle.) Continue reading the full story . . . »






