IP and Technology Law Clinic students attend hearings in Washington, D.C.
—By Gilien Silsby
USC Law students are representing a coalition of documentary filmmakers at hearings this week on a proposed exemption to the Digital Millennium Copyright Act (DMCA).
As part of the USC Intellectual Property and Technology Law Clinic, the second- and third-year USC Law students — Chris Perez and Ashlee Lin — are preparing two filmmakers from Chicago’s Kartemquin Films to testify before the United States Copyright Office at the Library of Congress in Washington, D.C.
The Kartemquin filmmakers are scheduled to testify Thursday, May 7 in support of a proposed exemption to DMCA that is also supported by a nationwide coalition of documentary filmmakers that includes major independent filmmaker organizations such as the International Documentary Association and six award-winning filmmakers.
The filmmakers are seeking an exemption to the DCMA, which prohibits filmmakers from breaking the encryption — or locks — on DVDs in order to make “fair uses” such as comment, criticism, or news reporting. This restriction prevents filmmakers from using important content because virtually all DVDs contain such locks.
“Although it's perfectly legal to use material for fair use, it’s not legal to break these locks,” said Prof. Jack Lerner, who leads the students in their work in the USC Intellectual Property and Technology Clinic. “We are fighting for an exemption that would enable filmmakers to make fair use of material in their documentaries — something that has been a critical part of documentary filmmaking for over a hundred years, but is becoming more and more difficult to do as a result of the DMCA’s restrictions.”
Under the supervision of Lerner, law students Perez and Lin drafted the comments and reply comments to United States Copyright Office and took the lead in coordinating the coalition of filmmakers and organizations. Perez and Lin also worked closely on the project with longtime clinic collaborator and attorney Michael Donaldson, who is working on the project pro bono. The students and Lerner are attending the hearings in Washington, D.C.
“It’s really great to travel to Washington, D.C., and experience the most cutting-edge copyright issues that impact people in the real world,” Perez said.
Taking what she has learned in the classroom and applying it to real-world issues is exciting, added Lin. “I have learned so much this year—not just about copyright issues, but also about the administrative rulemaking process. These hearings will be a great opportunity for us to see how our clinic work this year can impact real people,” she said.
For Perez, working on the project confirmed that he wanted to find a job after law school working with artists and filmmakers on copyright issues.
“This clinical experience helped me realize this is where I want to take my career,” said Perez. “In fact, this work led to a job with an entertainment firm in Beverly Hills where I’ll be working on copyright and fair use issues.”
Students in the USC Intellectual Property and Technology Law Clinic represent clients ranging from local artists and filmmakers to non-profits and start-up companies. Working with practicing attorneys, USC Law students offer pro bono legal assistance on copyright, intellectual property and technology issues. Students learn substantive law and develop real-world legal skills to help them navigate the rapidly changing field of intellectual property.
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