International Documentary Association
A Guide to Fair Use and the DMCA for Filmmakers
In association with
USC Intellectual Property and Technology Law Clinic
at the USC Gould School of Law
Monday, April 22, 2013
Discussion & Audience Q&A: 7:30pm - 9:00pm
Reception to Follow
611 N. Fairfax Avenue, Los Angeles, CA 90036
|IDA Individual Member: $15
IDA Student Member: $5
|General Admission: $20|
|Click for Discount||Purchase Above|
For decades, documentary filmmakers have relied on fair use to employ content and images vital to their storytelling without payment or permission, in certain circumstances. But what if the material you need is encrypted, as on a DVD? After all, the Digital Millenium Copyright Act (DMCA) makes it illegal to circumvent such encryption. Last year, an IDA-led coalition of filmmakers achieved a historic exemption that allows documentary filmmakers to "crack" digital encryption on certain types of media (including “ripping” DVDs). In this special edition of Doc U, we will explore how to make fair use responsibly, and how to safely make use of the DMCA exemption for doc filmmakers.
What does it mean to claim fair use and how do you do it? What does the DMCA prohibit you from doing? What does the DMCA exemption allow you to do? When can you rip a DVD or save an online video stream, and use its content in your film? What are the parameters for knowing when your access and use of copyrighted content is allowable under fair use, and covered by this exemption? Do you need to take steps to document your access of encrypted footage? What media is covered by the exemption?
Led by Professor Jack Lerner, IDA Board Member, and Director of the USC Intellectual Property and Technology Law Clinic at the USC Gould School of Law, the seminar includes an overview of fair use by Dean Cheley of the law firm Donaldson + Callif, and an in-depth "How To" guide to understanding and applying the DMCA exemption for documentary filmmakers, presented by Law Clinic participants Garrett Lee and Katharine Trendacosta.
Jack Lerner, Clinical Associate Professor of Law and Director of the Intellectual Property and Technology Law Clinic, USC Gould School of Law (Moderator)
Professor Lerner received a B.A., with distinction, in English from the University of Kansas and a J.D. from Harvard Law School. He clerked for Judge Fred I. Parker on the U.S. Court of Appeals for the Second Circuit and Judge G. Thomas Van Bebber in the U.S. District Court for the District of Kansas. He practiced intellectual property law with the Palo Alto, Calif., firm Wilson Sonsini Goodrich & Rosati, P.C. and in 2004 was a research fellow with the Berkman Center for Internet & Society at Harvard Law School. Before joining USC, Professor Lerner was Clinic Fellow at the Samuelson Law, Technology, and Public Policy Clinic at the University of California, Berkeley, School of Law.
Among Professor Lerner’s publications are "Intellectual Property and Development at WIPO and WHO," (American Journal of Law and Medicine 2008), "Taking the 'Long View' on the Fourth Amendment: Stored Records and the Sanctity of Home" (with Mulligan) (Stanford Technology Law Review 2007), "Legal Issues Facing Election Officials in an Electronic Voting World" (with Burstein, Dang and Hancock) (2007), and amicus curiae briefs in Hepting v. AT&T, Inc.; United States v. Martingnon; and Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd.
Professor Lerner leads law students in the USC Intellectual Property and Technology Law Clinic as they counsel and represent policymakers, artists, innovators, nonprofit organizations, and others on a range of IP and technology issues. Among other things, under Professor Lerner’s supervision Clinical Interns have successfully sought two exemptions to the Digital Millennium Copyright Act on behalf of a wide coalition of documentary filmmakers that have helped countless filmmakers nationwide to exercise thair fair use rights, and worked with policymakers in the developing world to conduct a major survey of copyright limitations and exceptions among Pacific Rim economies.
Dean Cheley, Associate, Donaldson + Callif
Dean Cheley is an entertainment attorney who offers expertise in all areas of the entertainment industry, including structuring deals and negotiating contracts for individuals and corporations involved in the film and television industry. He works with book authors, screen writers, performers, directors and producers, as well as institutions such as studios, networks, guilds and talent agencies. Prior to joining the firm, Dean litigated numerous types of entertainment disputes, including copyright and trademark infringement, rights of publicity, breach of contract and partnership disputes.
Mr. Cheley received his law degree in 2006 from the University of California, Berkeley (Boalt Hall), where he was awarded the American Jurisprudence Award and was Executive Editor of The Berkeley Technology & Law Journal. While at law school, he interned at the Samuelson Intellectual Property Clinic, where he authored comments on behalf of media archives, filmmakers and libraries in response to a US Copyright Notice of Inquiry concerning orphan works and exemptions to the Digital Millennium Copyright Act.
Prior to his career in law, Mr. Cheley worked as a producer and consultant for companies developing new media technologies, e-commerce, and branded entertainment. He brings this experience to bear advising his clients with regard to copyright, trademark, licensing and other intellectual property matters, as well as marketing and other promotional activities related to the entertainment industry. Dean earned his bachelor’s degree from University of California, Los Angeles (UCLA) in Digital & New Media Studies, an Interdisciplinary Program sponsored by faculty in the schools of Design, Film and Television and Communication.
The evening's on-stage conversation will be followed by an audience Q&A, and a reception on the Cinefamily's backyard Spanish patio!
The use of cameras, audio recording devices, and video recording devices is prohibited at Doc U events.
For more information on IDA's Doc U: documentary.org/doc-u
Doc U: Access Granted
A Guide to Fair Use and the DMCA for Doc Filmmakers
Monday, April 22, 2013
Doors Open: 7:00pm
Discussion & Audience Q&A: 7:30pm - 9:00pm
Wine Reception to Follow
611 N. Fairfax Avenue
Los Angeles, CA 90036
Meters on Fairfax: 2hr parking until 8pm, free thereafter. Parking in the lot across Fairfax is $3.00. Non-permitted parking available in neighborhoods behind The Cinefamily.
Doc U is the International Documentary Association's series of educational seminars and workshops for aspiring and experienced documentary filmmakers. Taught by artists and industry experts, participants receive vital training and insight on various topics including: fundraising, distribution, licensing, marketing, and business tactics.
Special support provided by:
Founded in 1982, the International Documentary Association (IDA) is a non-profit 501(c)(3) that promotes nonfiction filmmakers, and is dedicated to increasing public awareness for the documentary genre. Our major program areas are: Advocacy, Filmmaker Services, Education, and Public Programs and Events.
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