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.

Courtney Duffy, our Robert W. Deutsch Arts & Technology Policy Fellow, has the scoop on an important net neutrality opinion from the D.C. Circuit Court last month that gives the arts community cause for celebration. You can find Courtney on Twitter @cduffy90. In June, after more than six months of deliberation, the U.S. Court of Appeals for the D.C. Circuit released its opinion affirming the Federal Communications Commission’s 2015 Open Internet Order. The FCC’s historic decision, which reclassified broadband internet as a common carrier service under Title II of the Communications Act, empowered the FCC to protect a free and open internet.

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?

Source: Flickr Courtney Duffy, our Robert W. Deutsch Arts & Technology Policy Fellow, is back with the latest edition of Copyright With Courtney. She discusses last month’s outcome of the important Google v. Oracle case and what it means in the greater conversation about fair use. You can find Courtney on Twitter @cduffy90 and join the conversation using #CopyrightWithCourtney.

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.

Courtney Duffy (@cduffy90), our Robert W. Deutsch Arts & Technology Fellow, spearheaded the 5th annual 3D/DC 2016 (#3DDC2016), the premier 3D printing policy event in the nation. The event took place on Capitol Hill over the course of April 13 and 14. Here is a recap.

In our final installment of our interview series with 3D printing industry leaders leading up to #3DDC2016, we talk to Teresa Sappington, Albert Einstein Distinguished Educator Fellow. Teresa is a high school engineering teacher from Lamar County Center for Technical Education in Purvis, MS. She is sponsored by the Department of Energy’s Office of Science and currently serves as a Congressional Fellow on Capitol Hill with Congressman Mark Takano’s office since the fall of 2015.

Courtney Duffy, our Robert W. Deutsch Arts & Technology Policy Fellow, is spearheading 3D/DC, the fifth annual 3D printing policy event sponsored by our friends at Public Knowledge which is scheduled to take place on Capitol Hill on April 14. For additional event details and to RSVP, click here. You can find the other posts in our 3D/DC 2016 blog series here, here,here, and here.

For the past several months, some of our staff have been hard at work with our friends over at Createquity, to bring you something new. The result is the Createquity podcast!