Organization for Transformative Works

Legal Assistance

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A DMCA Exemption for Vidders?

Vidding News: The OTW wants to announce its support for the EFF's proposed DMCA [Digital Millennium Copyright Act] exemption for video creators--like vidders--who rip DVDs in order to use clips for fair use remixes. Members of the Board provided the EFF with background information on the petition to the copyright office (right-click and save), which explicitly cites fan vidders as an established creative community that relies on clips from DVDs to make works that are fair use: or what the petition calls "fundamentally transformative visual works."

Most creators currently turn a blind eye to fanfiction; by pushing for its legality, won't you encourage them to crack down?

We believe fanfiction is already legal and legitimate in the U.S. under Fair Use provisions (and many other countries have a similar legal framework that allows for commentary on and critique of copyrighted texts). There is, however, a lot of confusion and unnecessary fear in this area among both pro and fan creators, and we would like to help clarify the murky waters for everybody.

What are your plans for a test case?

Right now we have no plans for a test case. We are focusing on building relationships with legal advocacy groups like the EFF and developing legal resources of our own.

Will OTW's legal advocacy project be willing to help fans outside the US, such as fans from Germany where the copyright laws are different?

We are absolutely willing to help if we can find someone with the necessary legal knowledge. Fortunately, our friends at the EFF (Electronic Frontier Foundation) are making a major effort to develop global legal expertise, and we plan to call on them in such situations. In any situation, US or non-US, we'll see what we can do based on the facts and our resources.

Who are the OTW's legal partners?

The OTW's Legal committee is consulting with the Stanford Fair Use Project and the EFF.

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