Fair Use Reaffirmed by Library of Congress

DMCAThere has been a running battle on the subject of copyright in the digital age, between content creators and their customers, the content consumers.  The doctrine of Fair Use has protected consumers who engage in making copies of protected works for their own use or for backup purposes.  The content creators and the companies and lawyers that serve them have been trying to reduce or restrict the doctrine of fair use.

Back when fair use constituted copying a vinyl album over to cassette tape, the copy contained not only the flaws of the original analog recording, but also tape hiss and other artifacts introduced in the new medium.  With the advent of digital content, it became possible for the first time to make a flawless bit by bit copy of the original work, more of a clone than a copy.

At the end of October the EFF reported that the Librarian of Congress has released new rules and exceptions that impact DRM laws, and reaffirmed and expanded the fair use doctrine.  The new rules now protect end users from violating the Digital Millennium Copyright Act when they engage in the following activities:

  • Car security research, repair, and modifications
  • Jail-breaking phones, tablets, and other devices
  • Archiving and preserving video games
  • Remix videos from DVD and Blu-Ray sources.

The EFF was heavily involved in the rule making process.  The link below will explain this issue in more detail. They are actively involved in protecting the digital rights of consumers in the information age.

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About the Author:

Cybersecurity guru to business owners in the St Paul, Minneapolis, and western Wisconsin area. Computer security and hacking have been a passion of mine since I entered the computer and networking business in 2000. In 2013 I completed a course of study and certification exam to become a Certified Ethical Hacker (CEH). In 2016 I was certified as a Certified Information Systems Security Professional (CISSP). As Cybersecurity Analyst at The WyzCo Group, I help our clients experience high levels of computer security, network security, and web site security. In addition to consulting on security products and services, we also conduct security audits, vulnerability assessments and full penetration tests. We also provide Cybersecurity Awareness Training for clients and their employees. We also work with companies and organizations that need to certify compliance with regulations such as PCI-DSS (credit card processing), HIPAA/HITECH (medical records), and GLBA. The views expressed on this Web site are mine alone and do not necessarily represent the views of my employer.

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