Suit filed by the Electronic Frontier Foundation (EFF) contends First Amendment rights are being violated by DMCA’s anti-circumvention provisions Our Robert W. Deutsch Arts & Technology Policy Fellow, Courtney Duffy, returns with a new #CopyrightWithCourtney post on a legal challenge to the U.S. Copyright Office’s flawed system of granting exemptions to tech users who seek to break digital locks to access copyrighted works for legal purposes. The current system has major ramifications for filmmakers. Follow Courtney on Twitter @cduffy90 and join the conversation using #CopyrightWithCourtney. Last week, the Electronic Frontier Foundation (EFF) sued the U.S. Copyright Office and the Department of Justice to overturn the anti-circumvention provisions in Section 1201 of the Digital Millennium Copyright Act (DMCA), which make it illegal to circumvent digital locks on copyrighted works. Refresh my memory: What’s the DMCA, and what’s wrong with it? The Digital Millennium Copyright Act (DMCA) was signed into law in 1998 under President Clinton as an attempt to update copyright law in accordance with the changing technology of the times. Part of the law, Section 1201, makes it illegal to break digital locks placed on copyrighted material whether the intended use is legal or not. It’s the act of breaking the lock itself which is illegal. The Library of Congress, which houses the Copyright Office, has a triennial review process by which individuals and organizations can petition for exemptions to this law on behalf of those who intend to make legal uses of these copyrighted works. This review process is burdensome, and groups must spend time and money to restate their case every three years, even if they have been granted an exemption in the past. How are artists impacted by the broken DMCA? Filmmakers and authors have long held the right to make fair use of copyrighted material, transforming it for uses like criticism and commentary, making arguments, and providing historical context. But since the DMCA made it illegal — and, in some cases, a crime — to access this content by breaking encryption unless an exemption is granted, these artists are forced to restate the same case over again every three years in order to continue to be able to access these works. Veteran filmmaker Gordon Quinn, who is a Fractured Atlas member, has presented the case of the documentary filmmaking community before the Library of Congress for the past several years. In this Motherboard article Gordon and I wrote together, he details the unpredictability of the process, noting that although the filmmakers’ argument for the circumvention of digital locks on Blu-Ray disks was denied two cycles ago, it was accepted during the most recent cycle without significant changes to the argument. This unpredictability has undoubtedly stifled innovation in the field, which harms filmmakers and audiences alike. As a result, Gordon and I argued, the DMCA inadvertently chills fair use and other lawful activities that are central to free expression in a democracy, as well as the livelihoods of filmmakers around the country. What is the nature of EFF’s new lawsuit against the Copyright Office? EFF’s suit comes after years of failures by the Copyright Office to fix the broken DMCA exemption process, which involves a number of burdensome and administrative hoops for artists like Gordon Quinn to jump through every three years. EFF’s main argument in this suit is that the legal proceedings involving circumvention violate consumers’ First Amendment rights to freedom of expression. The Copyright Office, EFF alleges, “has mismanaged the process and repeatedly failed to grant valid exemptions” in violation of the First Amendment. My colleague at Public Knowledge, Kerry Maeve Sheehan, agrees: “The Office has erected a litany of administrative barriers, not required by the law itself, to scholars, technologists, consumers, and many others (like artists) ensnared by unintended consequences and indefensible applications of Section 1201,” she says. “Even when the Copyright Office does recommend exemptions, they are often so narrow as to be practically useless.” Gordon Quinn, pictured on the left, at Public Knowledge’s DMCA panel on Capitol Hill. What sort of advocacy have Fractured Atlas and Public Knowledge done already? My colleagues at Public Knowledge have been paying close attention to this issue for several years, and took a more active approach to advocacy in the fall of 2015, aligning with the most recent triennial review process. Fractured Atlas sponsored a trip for Gordon Quinn to Washington, D.C., where he represented the arts community on a Capitol Hill panel put on by Public Knowledge that focused on the DMCA’s flaws. Gordon discovered a poster of one of his films in a Congressional office during his visit. During his trip to Capitol Hill, Gordon accompanied me on face-to-face visits with a dozen Congressional offices from across the political spectrum in which he described the burdensome exemption process he endures every three years. Gordon clarified that fixing the current system will not in fact lead to additional piracy — a common misconception — because those who seek exemptions are seeking to access copyrighted works for legal uses only. Any uses of the works that do not fall under fair use would be subject to punishment under existing copyright law. Gordon articulated that as a copyright holder himself, he relies on the ability to legally incorporate copyrighted works into his new works. “In a democracy,” he said, “we cannot keep culture locked up.” We will monitor the process of EFF’s suit carefully and provide updates on the blog. Stay tuned! You can find additional blog posts Courtney has written on this subject here, here, and here.

Every week, we find the most interesting and important stories at the intersection of the Arts, technology, and business and share them with you. (If you’d like to get these in your e-mail inbox you can subscribe to here). Check back every week for insightful and eye-opening stories that peaked our interest, and hopefully yours too.

Every week, we find the most interesting and important stories at the intersection of the Arts, technology, and business and share them with you. (If you’d like to get these in your e-mail inbox you can subscribe to here). Check back every week for insightful and eye-opening stories that peaked our interest, and hopefully yours too. Ideo: Is Jazz School The Next Great Innovation Incubator? We call our approach design thinking. Berklee doesn’t have a name for their mind-set yet (“jazz thinking” or “music thinking” come to mind), but the similarities between the two have led us to believe there are fundamental entrepreneurial traits in the professional creative process. How Does Crowdfunding Change the Picture for Artists? Digital platforms let people successfully and efficiently sort into narrow niches, to find a vibrant-yet-specialized community of interest. These better matches are game-changers for some, but it may not be a boon for everyone. Introducing a New Tool for Unlocking the Power of Media Grants Data. Developed by Foundation Center and available on the Media Impact Funders’ website, this new tool enables users to see, understand, and dig deep into the numbers, networks, and trends surrounding media and philanthropy. Web Site Offers First Ever-Live Stream of a Broadway Show for $10. While tickets to the New York production are going for $52 to $147, the streamed show — offering 10 camera angles — goes for a mere $9.99 on computers, tablets, and smartphones. Or you can enjoy it on big TV screens by using Apple TV and Roku set-top boxes, but only if you pick a $169.99 (year-long) or $14.99 (one month) subscription to BroadwayHD. U.S. Dept. Of Justice Deals Crushing Blow To Songwriters. Songwriting and music licensing is one of the most strongly regulated areas in entertainment, […] Streaming services, in particular, have greatly disrupted the industry and led to tremendous declines in the revenue paid to songwriters. However, songwriters’ hands are mostly bound, because the federal government’s Consent Decree mandates how songwriters can be paid.

New book for your summer reading list: The Art of Relevance by Nina Simon (photo by Lisa Niedermeyer) The title of Nina Simon’s new book, The Art of Relevance, perfectly sets up our expectations as a reader. It could have been titled The Ultimate Guide to Relevance, or 10 Steps to Being More Relevant, but Simon would never choose such titles because she understands relevance is a moving target. Framing the pursuit of relevance as an art primes us to seek insights into process. Many of you already know Nina’s work from her popular blog Museum 2.0, her best selling book The Participatory Museum or her TEDx Talk Opening Up the Museum. However, for those of you who don’t recognize the name, here is all you need to know in order to be interested in this book’s author — Nina is hungry for accountability. It is not enough to just talk about building relevance in diverse communities, she is deeply invested in what actually works and holding oneself accountable. Before reading this book my working definition of ‘relevance’ was something along the lines of ‘to be relevant you must be in tune with the current environment; you are topical and timely’. Simon replaces such milk-toast definitions of relevance with the following: Relevance is a key that unlocks meaning. It opens doors to experiences that matter to us, surprise us, and bring value into our lives. If we believe the products, services and experiences we create are relevant to a certain audience, but we aren’t unlocking new meaningful experiences for that audience, we aren’t in fact relevant to them at all. Take a moment to let that truly sink in. Many of us are likely attempting to market to, invite, and build for specific communities, but are we unlocking new information that is meaningful to the lives of those individuals? What would it look like if we did? What does it take to authentically do it well? How might the pursuit of relevance change us? What is the danger of irrelevance? The Art of Relevance is an opportunity to learn from others stories and Simon’s thoughtful framing. As I read the book I dog-eared page after page, making notes of the people in my world that I wanted to share the a-ha’s with. Here are the groupings those folks fell into, I highly recommend this book to: People designing new experiences (artists, software developers, curators). People leading efforts around equity and inclusion (arts admins, founders, board members). People advocating for the intersection of communities (disability + dance, museum + homeless, lgbt + race). People tuning into potential for scalable relevance (philanthropists, investors, entrepreneurs). The Art of Relevance is an engaging, 196 page read, anchored with stories and examples ranging from small artist-led community projects to large established institutions. (It’s worth noting 2 of the projects featured are Fractured Atlas members and past honorees of our Arts Entrepreneurship Award. Kudos to Museum of Impact and The Laundromat Project!). While the e-book version offers the convenience of reading on the device of your choice, the printed version offers a bright key covered front, thoughtfully designed as a social object. What conversations might be sparked with a stranger on a plane, on a park bench, on your commute, because you are both curious about unlocking meaning?

Arts, Technology, and Business Stories to Watch by Fractured Atlas Every week, we find the most interesting and important stories at the intersection of the Arts, technology, and business and share them with you. (If you’d like to get these in your e-mail inbox you can subscribe to here). Check back every week for insightful and eye-opening stories that peaked our interest, and hopefully yours too.

Arts, Technology, and Business Stories to Watch by Fractured Atlas Every week, we find the most interesting and important stories at the intersection of the Arts, technology, and business and share them with you. (If you’d like to get these in your e-mail inbox you can subscribe to here).

Arts, Technology, and Business Stories to Watch by Fractured Atlas Every week, we find the most interesting and important stories at the intersection of the Arts, technology, and business and share them with you. (If you’d like to get these in your e-mail inbox you can subscribe to here).

This May, Fractured Atlas had the opportunity to bring together the 2016 Arts Entrepreneurship Awards honorees in New York City. The event, Creative to the Core, celebrated the work of five organizations who are pushing the boundaries of conventional business practice in the arts. Representatives from each organization engaged in an insightful panel discussion about what it takes to bring innovative approaches to their arts businesses and their visions for the future of the field.

On Wednesday May 4th, Fractured Atlas fiscally sponsored artists hit an unprecedented milestone: collectively, they have raised over $100 million dollars since the program launched in 2002. These artists, groups, and organizations shared a belief that their work had value, and that their communities would not only welcome it, but also financially support it through fiscal sponsorship. And they were right: their patrons, fans, and institutional partners were right there with them, contributing the funds necessary to create and share their work.

source: Wikimedia Arts, Technology, and Business Stories to Watch by Fractured Atlas Every week, we find the most interesting and important stories at the intersection of the Arts, technology, and business and share them with you. (If you’d like to get these in your e-mail inbox you can subscribe to here). Check back every week for insightful and eye-opening stories that peaked our interest, and hopefully yours too. How Identity Politics Conquered the Art World. “Art in this era has veered dramatically toward an approach that hasn’t been seen in the West for more than 1,000 years: a concerted urge, almost a rage, to be totally communicative to the largest possible audiences […] in the same register, telling stories of social, political, and philosophical conditions. Of course, not everybody today is making this kind of work. But taken together, it does constitute a real aesthetic movement, one that is biographical, autobiographical, personal — the art of the first person.” OPINION: Art Museums Should Be Allowed toParticipate in Both Sides of the Free Market. But what if rules about deaccessioning were abandoned? What would happen? My guess is: nothing much. […] In the end, a free market in art would most likely produce a net increase in public welfare, just as free markets do in nearly every other area. Getting to Evidence-Based Policy: Three Perspectives. “We may all agree that we want to base our policies and programs on good evidence, but questions remain. What evidence is most useful and reliable? Which options are based on the strongest evidence? Do we have enough evidence to make confident decisions?” Vincent van Bot: The Robots Turning Their Hand to Art. “’We’re so early with the possibilities of robots and art, the sky is the limit,’ said the competition founder, Andrew Conru. ‘It’s refreshing to see technology in action.’” Canada Council Unveils Strategic Plan, Focusing on Indigenous Art Creation and Digital Technology. “The Canada Council for the Arts plans to create a separate granting stream for indigenous arts and artists and to use its programs and influence ‘to engender a new relationship between Canada’s indigenous and non-indigenous peoples.’” What Role Can Artists Play in Prison Reform? “The relationship between artists and their subjects has always been full of potential pitfalls, and in the midst of the presidential primary spectacle and a cultural environment in which trying to demonstrate social consciousness has become a kind of currency for mega-corporations and massive arts institutions alike, it can be tough not to feel the creep of cynicism. But this conversation surprised me.”