The 1998 Digital Millennium Copyright Act made it illegal to bypass the locks (aka copy protection, encryption, and Digital Rights Management) on digital media. DVDs and Blu-ray discs, for example, contain such locks, which must be bypassed to copy clips from the films stored on them. Users may not get around these locks for any reason, even if their purpose would otherwise qualify as fair use.
The Act also makes it illegal to remove so-called Copyright Management Information, such as watermarks or metadata on digital files, that rights holders use to indicate their ownership of protected works.
Every three years, the Library of Congress creates exceptions to the digital locks provisions when fair use is blocked by the DMCA. In the past, exceptions have been created for professors and students using digital media for teaching and course assignments. Other exemptions have allowed cell phone users to connect their phones to different cell carrier networks and noncommercial filmmakers to make clips for use in remix films, such as fan videos.
These exemptions can be confusing, but it is very important to understand and use them if you plan to copy from protected formats like DVD or Blu-Ray disc. Fair use is not a defense against DMCA violation, so even if your use would be legal in ordinary circumstances, it will be barred by the DMCA if you are breaking digital locks and an exemption does not apply.
Every three years the Librarian of Congress (advised by the Copyright Office) issues a set of exceptions to the 1201 rules to allow for lawful uses that might otherwise be discouraged by the law. Educators have participated in this process, which began in 2000, for many years, and have successfully obtained exceptions that have grown incrementally over time to encompass more uses, more types of media, and more users.
The latest set of rules, released in 2024, allow faculty and (in some cases) students to copy short portions of protected works for use in criticism or commentary where close analysis of the clip is necessary, for the following formats: DVD, streaming video delivery, and (in some cases) Blu-ray. While the prior rules had allowed use of DVD and streaming for these purposes, access to Blu-ray is new this cycle.
The new rules allow educational uses of these formats in several different contexts, with some differences in the rules depending on where the use is taking place. The categories of educational use are:
As you can see, the provisions are complex, and the process of obtaining them was very complex. Different rules will apply to the same course depending on where it is taught (AP US History in high school versus US History 101 in college versus Intro to US History taught at an extension program in a public library). Different media, different software tools, and different participants are covered depending on context. That said, the rules are much broader and more flexible than they have been in the past, and they cover many, many lawful uses in higher education.
