This document discusses a presentation about ripping media for fair use and the Digital Millennium Copyright Act (DMCA). The presentation covers: 1. The principles of the DMCA and its Section 1201 that makes circumventing copyright protections illegal. 2. How the DMCA exemption process has allowed some ripping/circumventing for purposes like criticism, commentary, and education over its 22 years. 3. Whether legal ripping is still necessary given streaming services, and if screen capturing should be celebrated or feared in supporting fair use. The document outlines the presentation goals and sections on the DMCA, exemption results since 2006, and challenges around screen capturing. It also includes discussion questions and

1. Is Ripping for Fair Use Still Important?
Considering DMCA 1201 in 2020 and Beyond
TO ACCESS SLIDES: http://bit.ly/ripping
Renee Hobbs
University of Rhode Island
Media Education Lab
Tuesday, November 3, 2020, 2pm-3pm ET

3. www.mediaeducationlab.com

4. 1. Understand the principles of the Digital Millennium Copyright Action (DMCA)
Section 1201
2. Appreciate how the exemption process for DMCA 1201 works and what it has
accomplished over 22 years.
3. Discuss whether or not legal “ripping” is still necessary for content creators
and whether screen capture is to be celebrated or feared
4. Recognize the value of being able to assist patrons who are digital content
creators in protecting their copyright and fair use
Goals for Today’s Session

5. Digital Millennium Copyright Act (DMCA)
ANTICIRCUMVENTION
Section 1201 Illegal to copy from
copy-protected
media
Laws that Protect Content Creators

6. Digital Millennium Copyright Act (DMCA)
ANTICIRCUMVENTION
Section 1201
Criminalizes the use of technology, devices, or
services intended to circumvent digital rights
management (DRM) software that controls access
to copyrighted works.
DESIGNED TO DISCOURAGE PIRACY
Illegal to copy from
copy-protected
media
Laws that Protect Content Creators

7. Did the Law Made the Use of Film Clips
for the Study of Literary Adaptation Illegal?

8. THE DOCTRINE OF FAIR USE
APPLIES
TO COPY-PROTECTED MEDIA

9. Digital Millennium Copyright Act (DMCA)
ANTICIRCUMVENTION
Section 1201
Criminalizes the use of technology, devices, or
services intended to circumvent digital rights
management (DRM) software that controls access
to copyrighted works.
DESIGNED TO DISCOURAGE PIRACY
If you want to UNLOCK computer access controls for any
purpose, every 3 years, you must petition
the Librarian of Congress for a special exemption.
FAIL-SAFE MECHANISM
Section 1201 insures that that law does not limit people’s
rights under the First Amendment or the Copyright Act of
1976
Laws that Protect Content Creators

10. Digital Millennium Copyright Act (DMCA)
Laws that Protect Content Creators
2009
2012
2015
2018
….2021?

11. The Results of DMCA Advocacy
ANTICIRCUMVENTION EXEMPTIONS
• 2006: OK to rip audiovisual works included in the educational library of a
college or university's film or media studies department.
• 2009: Copying short portions of DVD movies into new works for the purpose
of criticism or comment or other educational uses by college and university
professors and by college and university film and media studies students;
documentary filmmaking; noncommercial videos.
• 2009: E-books with access controls that prevent the enabling either of the
book's read-aloud function or of screen readers that render the text into a
specialized format.

12. The Results of DMCA Advocacy
ANTICIRCUMVENTION EXEMPTIONS
• 2012: Ripping motion pictures for criticism or comment for use in
noncommercial videos, documentary films, nonfiction multimedia e-books
offering film analysis, and educational purposes requiring close analysis of
film and media excerpts, by college and university faculty, college and
university students, and kindergarten through twelfth grade educators.
• 2015 : Ripping motion pictures for criticism or comment for use by educators
and participants in nonprofit digital and media literacy programs offered by
libraries, museums and other nonprofit entities with an educational
mission.

13. The Results of DMCA Advocacy
ANTICIRCUMVENTION EXEMPTIONS
• 2018
• Ripping or circumvention is done by a disability services office or other educational
unit for the purpose of adding captions and/or audio description to a motion picture
to create an accessible version as a necessary accommodation for a student or
students with disabilities.
• K-12 students can use the exemption when acting under the direct supervision of K–
12 educators
• Libraries and non-profit users may only circumvent using screen-capture technology
that “appears to be offered to the public as enabling the reproduction of motion
pictures after content has been lawfully acquired and decrypted.”

14. The Screen Capture
Conundrum
Does screen capture technology violate
Section 1201’s restrictions on circumventing
encryption?
The Copyright Office narrowed the category of
what constitutes “legal” screen capture
technology. Now, authors have to hunt
through screen capture websites to find
statements about whether the software
violates Section 1201

15. The Screen
Capture
Conundrum
Screen capture is becoming
normative for educators and
patrons
BUT images may not be suitable
for high-definition screens
AND screencasting can be blocked
by digital rights management on
some platforms

16. Is screen-capture technology to be
celebrated or feared in relation to
supporting the needs of educators
and patrons who make fair use of
digital content?

17. 1. How should librarians support patrons who seek
to legally “rip” media clips for fair use purposes?
2. How should librarians and educators participate in
the 2021 DMCA exemption process on behalf of the
needs of patrons, educators and students?
Digital Millennium Copyright Act (DMCA)
How Do Librarians Support Content Creators?

18. 3. How do you identify & document the barriers and
obstacles that patrons experience in making fair use of
moving image media?
4. Is legal “ripping” still needed in an era with streaming
video services and easy-to-use screencasting tools?
Digital Millennium Copyright Act (DMCA)
How Do Librarians Support Content Creators?

20. 1. How should librarians support
patrons who seek to legally “rip”
media clips for fair use purposes?
2. How should librarians and
educators participate in the 2021
DMCA exemption process on behalf
of the needs of patrons, educators
and students?
3. How do you identify & document
the barriers and obstacles that
patrons experience in making fair
use of moving image media?
4. Is legal “ripping” still needed in
an era with streaming video
services and easy screencasting
tools?
5. Is screen-capture technology to
be celebrated or feared in relation
to supporting the needs of
educators and patrons who make
fair use of digital content?
GROUP 1

21. 1. How should librarians support
patrons who seek to legally “rip”
media clips for fair use purposes?
2. How should librarians and
educators participate in the 2021
DMCA exemption process on behalf
of the needs of patrons, educators
and students?
3. How do you identify & document
the barriers and obstacles that
patrons experience in making fair
use of moving image media?
4. Is legal “ripping” still needed in
an era with streaming video
services and easy screencasting
tools?
5. Is screen-capture technology to
be celebrated or feared in relation
to supporting the needs of
educators and patrons who make
fair use of digital content?
GROUP 2

22. 1. How should librarians support
patrons who seek to legally “rip”
media clips for fair use purposes?
2. How should librarians and
educators participate in the 2021
DMCA exemption process on behalf
of the needs of patrons, educators
and students?
3. How do you identify & document
the barriers and obstacles that
patrons experience in making fair
use of moving image media?
4. Is legal “ripping” still needed in
an era with streaming video
services and easy screencasting
tools?
5. Is screen-capture technology to
be celebrated or feared in relation
to supporting the needs of
educators and patrons who make
fair use of digital content?
GROUP 3

23. 1. How should librarians support
patrons who seek to legally “rip”
media clips for fair use purposes?
2. How should librarians and
educators participate in the 2021
DMCA exemption process on behalf
of the needs of patrons, educators
and students?
3. How do you identify & document
the barriers and obstacles that
patrons experience in making fair
use of moving image media?
4. Is legal “ripping” still needed in
an era with streaming video
services and easy screencasting
tools?
5. Is screen-capture technology to
be celebrated or feared in relation
to supporting the needs of
educators and patrons who make
fair use of digital content?
GROUP 4

24. Is screen-capture technology to be
celebrated or feared in relation to
supporting the needs of educators
and patrons who make fair use of
digital content?

25. Digital Millennium Copyright Act (DMCA)
ANTICIRCUMVENTION
Section 1201
SAFE HARBOR
Section 512
Help patrons understand how to file a Takedown
Notice when their copyright has been infringed
Help patrons understand their legal rights for
counternotification when their digital content
has been taken down
Help patrons learn how to legally “rip” DVDs or
unlock digital content for fair use purposes
How Librarians Support Content Creators

26. Renee Hobbs
Professor of Communication Studies
Director, Media Education Lab
Harrington School of Communication & Media
University of Rhode Island USA
Email: hobbs@uri.edu
Twitter: @reneehobbs
LEARN MORE
www.mediaeducationlab.com