Learn more about the recent DMCA exemption ruling

The Library of Congress addressed proposed changes to the Digital Millennium Copyright Act (DMCA) exemptions by releasing its final, triennial ruling. While previous exemptions to DMCA allow for circumventing security technologies on DVDs to enable the use of “short portions” of films, TV shows, and other copyrighted works in specific educational settings, the 2018 final ruling from the US Copyright Office further clarifies this exemption as only circumventing security technologies in order to make use of “clips” and unequivocally does not grant institutions the ability to digitize full-length films. This ruling was upheld on October 28, 2021.

What were the proposed changes to DMCA in regard to academic film use?

While fair use grants nonprofit schools the ability to use copyrighted movies in face-to-face teaching settings without a license as long as the copy is legally obtained, this was “not a guarantee of access in a user’s preferred format.” In this round of review with the Library of Congress, proponents argued nonprofit educational institutions should be able to circumvent encryption on copyrighted works in order to provide full-length copies, as well as incorporating digital access to these films so long as the performance of these films fell under fair use.

What was the Library of Congress’s final ruling?

The proposed changes were not accepted by the Library of Congress. The latest ruling specifically outlines that while nonprofit educational institutions are able to use full-length feature films as long as they follow fair use requirements, creating the digital version to do so is not considered a legally-obtained copy and therefore would fall outside the boundaries of fair use.  

How does the ruling affect the digitalization of films needed for course-related activity?

The ruling continues to allow for the digitalization of short clips for classroom use. However, any digital use extending longer than what can reasonably be considered short clips will still require its user to obtain a digital copy from a legal source and cannot be done so institutionally under the DMCA exemptions.

Where can I obtain legal, streaming access to the movies and TV shows needed for class?

Swank Digital Campus exclusively partners with the top studios in the world to offer a streaming library of over 25,000 feature films, documentaries, foreign films and TV episodes to provide schools with a legal source for academic use. Our studio partners include Walt Disney PIctures, Warner Bros., Universal Studios, Paramount Pictures, Sony Pictures, Lions Gate Films, Inc., Magnolia Pictures, A24 Films and many more to offer classic films and new releases for educational support.  

Click here for more information on the recent ruling by the US Copyright Office, or feel free to call us at 1-888-389-3622 for more information. 

Click here to read more about the intricacies of copyright compliance.