Legal Advocacy

  • Board Meeting Minutes: June 23, 2012

    By moonmagicks on Friday, 6 July 2012 - 10:06am
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    ORGANIZATION FOR TRANSFORMATIVE WORKS
    BOARD OF DIRECTORS

    MINUTES OF THE REGULAR MEETING
    June 23rd, 2012, 14:00 UTC

    PRESENT: Nikisha Sanders, Julia Beck, Jenny Scott-Thompson, Kristen Murphy.

    GUESTS: Aja, Katherine Darnell, Alison Watson, Crowa.

    ABSENT: Ira Gladkova, Naomi Novik, Francesca Coppa.

    DECISIONS TAKEN SINCE THE LAST MEETING

    1. Discussed the 2011 Annual Report and agreed to get input from chairs before publishing it.
    2. We discussed making more public posts about the work of the board, for transparency.
    3. Approved 2 new support staffers
    4. Approved New Relic subscription for AO3 performance and got a non-profit discount on it.
    5. Agreed to delay org-wide meeting by a week.
    6. Approved a budget request from Comms for a press release service to increase visibility of the Organization.
    7. Approved a request to double the memory in 3 of the OTW servers to support AO3
    8. Approved two new staffers for Comms to help out with graphics on Tumblr
    9. Approved a new Systems staffer
    10. Discussed AO3 performance issues. Approved buying a new server and Percona support contract. Also discussed recruitment of technical experts, and ongoing bandwidth costs.

    OPEN SESSION

    1. Survey workgroup is going to be distributing data to committees soon.
    2. Strategic Planning workgroup requested a secondary Survey Monkey account, at a cost of $72. We agreed to investigate options for a shared account in more detail first.
    3. Election document retention: We elect an equal cohort, so details of results should not be available to the next year's elections officer, but what should our document retention policy be? We agreed to check with Legal first, but probably to delete screencaps after the recount deadline has passed.
    4. Election seats: http://transformativeworks.org/otw-elections-%E2%80%93-what-bylaws-mean-... describes the original issue. We discussed options as follows:
      • Option 1: Add 2 more seats, 1 of us steps down or runs for one of them.
      • Option 2: Stick with 7 seats, 2 of us step down or run again.
      • Option 3: Change the bylaws and don't have an election this year.
      • For the stepping down options, we would have to discuss more nearer the time - there is a reasonable chance that one of us would want a break by then anyway. If not, we would have to decide whether to a) draw straws at random, or b) ask for last year's elections data and the person who got fewest votes would be deemed to have occupied the short seat.
    5. Reminder that org-wide is delayed by a week.

    CLOSED SESSION

    1. Discussed the Survey Monkey account and confidentiality options in more detail.
    2. Discussed a confidential personnel issue.
    3. Finance will be posting FAQs in July
    4. Devmem are going to revamp the text of the donation page on the OTW site
    5. Comms are considering restructuring and making more use of a volunteer pool that is lower committment.
    6. Discussed the election seats.

    The meeting was adjourned at 16:20 UTC.

    Minutes approved by the board on 5th July.

  • OTW at the Library of Congress for DMCA

    By .fcoppa on Thursday, 7 June 2012 - 1:59pm
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    Legal chair Rebecca Tushnet and Vidding committee members Francesca Coppa and Tisha Turk testified at the Library of Congress's Digital Millenium Copyright Act (DMCA) hearings on June 4, 2012 in favor of a renewal and expansion of the DMCA exemption for Noncommercial Remixers (like vidders and other fan video makers.) Rebecca Tushnet has been liveblogging all the hearings, including the OTW's testimony, and Tisha Turk is putting her notes and recollections online as well. You can also find copies of our Reply Comment as well as our various exhibits - our revised Test Suite and an Image Gallery comparing DVD-ripped and screen-captured images-- linked from our Legal Advocacy page.

  • Test Suite of Fair Use Vids: Image Gallery

    By Kristen Murphy on Thursday, 31 May 2012 - 7:29pm
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    Below are a series of comparative images demonstrating quality differences between DVD-ripped and screen captured source. All images were made from the opening scene of the 2009 Star Trek reboot movie; captures were made with the Replay Video Capture software demonstrated at the Library of Congress "tech day" hearings.

    You may notice that the first of these images — the captured image of Captain Robau (as seen in the top half of Image A) — is not bad; in fact, screen capture software works all right for low-motion, low-contrast shots (for example, of people standing still or just talking).

    However, as we see in the top half of Image B, capture software works poorly in bright light or for high contrast shots. Image B is essentially the same static shot as in Image A, but it comes after an explosion — a sudden flash of bright light — and pixellation of the image is immediately evident.

    Similarly, Image C shows the same footage cropped and resized: a common technique to change the composition of or emphasis in a the frame, and further degradation is evident.

    Images D through I below also show the loss of quality incurred capturing clips in scenes with more contrast or internal movement.

    So in a typical movie, very few captured frames would have even the barely acceptable quality that we see in Image A. (And vidders and other fan remixers tend not to use static shots of people talking in any case; in fact, to do so is a sign of inexperience and derided by vid critics with slang terms like "Talky-Face" or "Lip Flap." )
     


     

    Image A: Captain Robau of the USS Kelvin: the top image was captured, the lower image was ripped.

     

     the top image was captured, the lower image was ripped.

     
     

    Image B: Captain Robau of the USS Kelvin as seen after a flash of bright light; top image captured, lower image ripped.

     

     Captain Robau of the USS Kelvin as seen after a flash of bright light; top image captured, lower image ripped.

     
     

    Image C: Captain Robau, cropped and resized. As you can see, this has a severe effect on captured image quality; the ripped DVD footage stands up much better. Top image captured, lower image ripped.

     

     This image demonstrates the effects of cropping and resizing on image quality. Top image captured, lower image ripped.

    Image D: The Narada; top image captured, lower image ripped.

     

     The Narada; top image captured, lower image ripped.

     
     

    Image E: Panning past Kirk Senior; top image captured, lower image ripped.

     

     Panning past Kirk Senior; top image captured, lower image ripped.

     
     

    Image F: Missiles fire during the battle; top image captured, lower image ripped.

     

     Missiles fire during the battle; top image captured, lower image ripped.

     
     

    Image G: The USS Kelvin takes fire; top image captured, lower image ripped.

     

     The USS Kelvin takes fire; top image captured, lower image ripped.

     
     

    Image H: The Kelvin's helmsman reacts (first shot); top image captured, lower image ripped.

     

     The Kelvin's helmsman reacts (first shot); top image captured, lower image ripped.

     
     

    Image I: The Kelvin's helmsman reacts (second shot); top image captured, lower image ripped.

     

     The Kelvin's helmsman reacts (second shot); top image captured, lower image ripped.

     
     
    Return to the Test Suite of Fair Use Vids

  • Legal advocacy by fans, for fans

    By Kristen Murphy on Thursday, 19 April 2012 - 10:44am
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    Advocating for the legitimate status of fanworks is an ongoing battle, and OTW's Legal Advocacy project is at the forefront.

    Our legal committee is currently working to renew an exemption to the Digital Millennium Copyright Act (DMCA) for makers of noncommercial remix videos such as fan vids, AMVs, and political remix videos. In 2010, when OTW joined with the Electronic Frontier Foundation (EFF) and other like-minded organizations to win this exemption, we knew we'd have to return and defend it again only a few years later. Unlike the copyright expansions of recent years, the DMCA exemptions expire unless they're reinstated every three years.

    Legal's chair, Rebecca Tushnet, says that although it's hard to say at this point how different this year's DMCA process is from the previous one, she's certain of one thing: "the MPAA and other organizations took us much more seriously this time, since we were basically ignored until we had a success under our belt."

    We're also gaining a valuable network of allies in the larger free-expression, pro-fair-use activist world. As well as working closely with EFF, we've had positive interactions with groups such as the Documentary Filmmakers' Association and USC-Annenberg's Norman Lear Center. Tushnet, who will be testifying at the DMCA rule-making in May and June, points out that "the DMCA affects all sorts of creators, and as we work with them there's a great opportunity for mutual learning."

    Although the DMCA exemption has been central in our thoughts and efforts this year, volunteers from Legal have also worked on contributing to the Wikipedia page on legal issues in fanfiction to provide a more law-based discussion of fans' rights; advising fans who have been sent DMCA takedown notifications; and providing assistance on an amicus brief in an ongoing case regarding the right of publicity. Legal is also always at the service of fans who have questions regarding non-commercial fanworks. You can contact the legal committee here.

    The OTW is a dedicated champion of fans' rights, with an established track record of success — but there are many battles, large and small, still to be fought. Help us fight those battles — please donate today.

  • DMCA Update

    By .fcoppa on Sunday, 4 March 2012 - 12:47am
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    On March 2, 2012, the OTW's legal team filed a Reply Comment (PDF) in support of the EFF's petition to the Library of Congress to renew the DMCA exemption for noncommercial remixers, such as vidders. Special thanks to Legal Committee members Rachael Vaughn and Rebecca Tushnet for their work, as well as to all the fans who helped us explain why high quality clips are important to vidding and why remix matters!

    Next stop: testifying in DC. We'll keep you posted!

  • Vidders and other Fan Video Artists - We Need You!

    By .fcoppa on Saturday, 4 February 2012 - 3:25pm
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    Stand with EFF and OTW

    Read more about the 2012 exemption proceedings here.

  • Show Your Support for the Right to Remix

    By .fcoppa on Sunday, 29 January 2012 - 1:04am
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    --written by Rachael Vaughn, OTW Legal Committee

    Kirby Ferguson, creator of Everything is a Remix, is standing up for the right to create remix videos. Although the Digital Millennium Copyright Act (DMCA) exemptions granted in 2010 helped clear some legal hurdles for vidders and other remix artists, these exemptions will expire if not renewed. The OTW is currently working with the Electronic Frontier Foundation (EFF) to urge the Copyright Office to maintain and reasonably expand the 2010 exemptions. Specifically, OTW and EFF have asked that the Copyright Office protect the right to extract clips from DVDs and other digital sources like Amazon Unbox for the purpose of making non-commercial videos that constitute fair use under US copyright law.

    The next step involves the Copyright Office soliciting comments from the public about the proposed exemptions and holding a series of hearings. This is where you can help. OTW and EFF need comments from fans, vidders, remix artists, and others who have a stake in seeing the exemptions granted. You can show your support for the right to remix by...

    1. Signing Kevin's Rip.Mix.Make petition; and/or

    2. Submitting comments as described in this post from EFF.

    Comments are due by February 10, 2012 at 5 PM Eastern Time so don't delay!

  • Stop ACTA

    By Claudia Rebaza on Tuesday, 24 January 2012 - 11:16pm
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    In a week following widespread Internet protests against proposed legislation in the U.S., there is an effort going on internationally to protest the potential effects of ACTA. The OTW is concerned about this treaty which has potentially large implications but about which there has been very little information. "In October 2007, the United States, the European Community, Switzerland, and Japan simultaneously announced that they would negotiate a new intellectual property enforcement treaty the Anti-Counterfeiting Trade Agreement or ACTA. Australia, the Republic of Korea, New Zealand, Mexico, Jordan, Morocco, Singapore, the United Arab Emirates, and Canada have joined the negotiations."

    "The main problem with this treaty is that all the negociations are done secretly. Leaked documents show that one of the major goals of the treaty is to force signatory countries into implementing anti file-sharing policies under the form of three-strikes schemes and net filtering practices."

    Tell your MEPs and government representatives you want more transparency before this is voted on. Here are some places where you can take action:

  • OTW action on SOPA/PIPA

    By .Lucy Pearson on Tuesday, 17 January 2012 - 11:23pm
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    The internet has been abuzz recently with comments about the 'Stop Online Piracy Act' (SOPA) currently under debate in the US House of Representatives, and its counterpart the 'Protect IP Act' (PIPA) in the Senate. Organizations such as the EFF and the Library Copyright Alliance have raised concerns that the bills - which are ostensibly aimed at curbing 'rogue' foreign sites - have significant implications for the web internationally, and will work to curb free speech and online creativity.

    Here at the OTW, we've been following developments since the bill was first mooted. SOPA has particular implications for sites which include user-generated content because of the broad language in the bill. This means that it has the potential to negatively affect many popular fansites - including the Archive of Our Own and Fanlore - if it is implemented in its current form.

    Following protests from many groups, the Obama administration issued a statement which was seen by the New York Times as a significant blow to the proposed legislation. Nevertheless, the EFF argues that it still poses a significant threat.

    In order to make sure that members of the US Senate and House of Representatives understand the problematic nature of the proposed legislation, many sites around the internet are taking part in an 'internet strike'. The OTW will be joining this day of action with a banner on the Archive of Our Own and a blackout on our main website, transformativeworks.org. If you are a US citizen, we urge you to contact your representatives and senators to let them know how you feel about these bills.

  • Extending the DMCA Exemption for Noncommercial Remixers

    By .fcoppa on Friday, 23 December 2011 - 7:19pm
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    Legal and vidding committee members Rebecca Tushnet, Rachael Vaughn and Francesca Coppa have collaborated with the EFF on a proposal (download the .pdf) to the Library of Congress to renew and extend the DMCA exemption for Noncommercial Remixers. The current exemption gives noncommercial remix artists - like fan video artists and political remixers - the right to rip DVDs, breaking their encryption, for the purpose of making a fair use video, and the request covers that as well as using sources like Amazon Unbox where material isn't available on DVD.

    The papers were filed December 1, 2011 and contain statements from and interviews with a number of fans - so thank you everyone who told us their stories!

    The OTW will be sending representatives to Washington in the early part of next year to testify in favor of these exemptions, so stay tuned for more news.

    Lastly, those of you interested in fan vidding might be interested in this documentary by Abigail Christensen.

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