Obtaining Exemptions to the U.S. DMCA

The Digital Millennium Copyright Act (DMCA) is a U.S. copyright law which establishes the procedure organizations must follow when users of their sites reproduce copyrighted material without authorization.

Since the OTW was founded, we have repeatedly sought to protect the rights of fan creators by petitioning the U.S. Copyright Office for an exemption to the DMCA that permits makers of non-commercial remixes to circumvent copy protections on Blu-Rays, DVDs, and material distributed online so that they have access to create high-quality video remixes.

This page lists actions the OTW has taken related to seeking and protecting DMCA exemptions for vidders. Namely, after working to establish the vidders’ exemptions, we have continued to file petitions every three years as part of the DMCA’s normal review process to ensure the protections we worked for remain in place. These petitions will be added to this page as they are filed.

If you have any questions about anything on this page, please feel free to contact the Legal committee.

2023 – 2024

2020 – 2021

2017 – 2018

In 2017, OTW Legal submitted our petition to renew the “vidders’ exemptions” to the DMCA that we campaigned for in 2011 and 2014. We also advocated for a simpler but broader standard for the vidders’ exemptions which more clearly allowed vidders from all areas to use copyrighted materials in the same way. At the time, the exemption was complex and narrow with only specific people falling under it and only in specific ways. This complexity undermined fair use and hindered legitimate creative activity. Following the work of OTW Legal and others, our proposal was granted. Read the documents below for more information.

2014 – 2015

OTW Legal, together with partners from the Electronic Frontier Foundation (EFF) and New Media Rights, presented our case in the U.S. Copyright Office’s hearings on renewal and expansion of the fan video exemption to the Digital Millennium Copyright Act’s anti-circumvention provisions.

You can read a copy of our submission here: Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies Under 17 U.S.C. 1201.

Following the hearing, the groups submitted a written response to the Copyright Office’s follow-up questions.

The OTW, together with the EFF, filed two exemption requests with the U.S. Copyright Office in 2014. The petitions seek renewal of the exemptions that the OTW helped secure in 2009 and 2012, which permit vidders to break encryption on audiovisual content provided via DVDs and online distribution services for the purpose of making noncommercial, transformative vids. These petitions are part of a three-year review schedule put in place by the Library of Congress and the Copyright Office. In each round of reviews, proponents of exemptions must defend the exemptions they have previously received, and advocate for any expansions merited by technological development.

In addition to seeking renewal of our previously achieved exemptions, the OTW’s petition also sought expansion of the exemptions to include Blu-Ray discs. You can find our comments and petitions below:

Following the work of OTW Legal and others, these petitions were granted and the vidders exemption was expanded to cover Blu-Ray discs.

2011 – 2012

In December 2011, OTW volunteers worked with the EFF to submit a proposal to renew and expand the DMCA exemption for non-commercial remixes.

Then in March 2012, OTW Legal volunteers worked with Vidding volunteers to submit a Reply Comment in support of the EFF’s proposal. The EFF also submitted their own Reply Comment in support of various exemptions, including the exemption for non-commercial remixes.

A revised Test Suite of Fair Use Vidswas produced, including a comparison of DVD-ripped footage and screen captured footage.

OTW Volunteers Francesca Coppa, Rebecca Tushnet, and Tisha Turk testified before the Library of Congress on June 4, 2012. Tisha Turk presented the exhibits in our First Image Gallery demonstrating quality differences between DVD-ripped and screen-captured sources.

Finally, the OTW submitted a reply to the DVD CCA’s exhibits supporting screencapture on August 2, 2012. As part of that, we presented a second set of exhibits in our Second Image Gallery.

2008 – 2009

Responding to a “Notice of Inquiry” from the U.S. Copyright Office requesting input about an exemption to the prohibition on circumvention of copyright protection, the EFF responded in December 2008 by submitting a Comment to the Library of Congress (PDF). They argued for an exemption to the DMCA to allow the extraction of clips from a DVD for inclusion in noncommercial remix videos, such as fanvids, that are found to be fair use.

The OTW (and many vidders) assisted in the preparation of this application. The OTW also submitted a Reply Comment(PDF) in support of the EFF’s proposed DMCA exemption for vidders and other remix artists in February 2009.

On June 22, the Copyright Office requested further information from the OTW and other groups that testified during the DMCA Anticircumvention Hearings on May 6-8. These hearings were designed to entertain testimony in favor of and against DMCA exemptions for educators beyond film studies professors to include K-12 teachers, documentary filmmakers, and vidders and other non-commercial remix artists.

The OTW then also responded to supplemental questions about DVDs and Screen Capture (PDF) on July 10, 2009.

The U.S. Copyright Office sent out a second set of supplemental questions on August 22, 2009. The OTW collaborated with EFF, a number of library associations (ALA, AALL, ARL, ACRL), film and media studies professors, and documentary filmmakers and their organizations, on a joint response (PDF) which was submitted September 8, 2009.

We also co-wrote a separate response with the EFF specifically to address the particular needs of vidders and other remix artists: OTW & EFF Response To August 21 Supplemental Questions, Specific To Noncommercial Video Remix Creators (PDF).

The OTW also shared a Test Suite of Fair Use Video, a selection of fan videos with commentary in support of our proposal for an DMCA exemption for non-commercial remixers.

At the end of this, we were excited to announce that the U.S Library of Congress granted a DMCA exemption for vidders. The Copyright Office even cited our Fan Vids in their recommendation of new exemptions.

Return to the Legal Advocacy main page.