DRM vs. Fair Use

by on February 1, 2006 · 10 comments

My ex-roomie Julian offers another example of how digital rights management technology is needlessly inconveniencing paying customers:

A politics professor at a small liberal arts college is bringing a class to D.C. in March and has asked me to talk to his students, who have been doing a seminar on protest music in American politics, about some of the ideas in this column. Naturally, I’d like to be able to illustrate what I’m talking about with some examples, short clips from songs by Metric, Rilo Kiley, Green Day, Radiohead, Mike Doughty, The Decemberists, and others. I own all the songs in question–bought them on iTunes rather than just downloading them from Limewire or Kazaa. But Apple’s DRM doesn’t want to let me extract these short clips–indubitably a fair use, and something I could obviously do legally just by cueing up the songs manually at the appropriate timecode.

I’d be curious to know what DMCA supporters think he should do in this kind of case. Should he write a letter to each of the labels that publish these songs and ask for permission to use the exceprts? Should iTunes have a feature where you’re allowed to purchase small song clips for a nickel a piece? Or is it just possible that the most sensible way to deal with this sort of thing is to legalize DRM circumvention in circumstances where the use would otherwise be legal.

  • http://tieguy.org/blog/ Luis Villa

    Profs teaching film courses are similarly hosed by DVD copy protection. Basically completely hosed, in fact- DMCA makes it fairly clearly illegal to bypass all the crap that the studios put at the front of the movie, which makes it totally impractical to do the core action of a film class- show film clips.

  • http://tieguy.org/blog/ Luis Villa

    Profs teaching film courses are similarly hosed by DVD copy protection. Basically completely hosed, in fact- DMCA makes it fairly clearly illegal to bypass all the crap that the studios put at the front of the movie, which makes it totally impractical to do the core action of a film class- show film clips.

  • naiserie

    DMCA supporters? Such people exist? (outside of Hollywood & the Beltway?)

  • naiserie

    DMCA supporters? Such people exist? (outside of Hollywood & the Beltway?)

  • http://www.techliberation.com/ Tim

    Luis: an excellent point!

    naiserie: unfortunately, there are several hundred of them who happen to be members of Congress.

  • http://www.techliberation.com/ Tim

    Luis: an excellent point!

    naiserie: unfortunately, there are several hundred of them who happen to be members of Congress.

  • http://epeus.blogspot.com Kevin Marks

    Actually, that’s an iTunes limitation rather than a DRM one; if you use QuickTime Player or GarageBand you can edit clips out. With QT Player you will only be able to play them on a licensed machine though. Not sure about Garageband,

    Anything you buy form iTunes store should be burned to CD, so you can then exercise fair use on the uncompressed CD Audio.

    The reason iTunes Store’s DRM doesn’t destroy much economic value si that they include the circumvention in the tool itself.

  • http://epeus.blogspot.com Kevin Marks

    Actually, that’s an iTunes limitation rather than a DRM one; if you use QuickTime Player or GarageBand you can edit clips out.
    With QT Player you will only be able to play them on a licensed machine though. Not sure about Garageband,

    Anything you buy form iTunes store should be burned to CD, so you can then exercise fair use on the uncompressed CD Audio.

    The reason iTunes Store’s DRM doesn’t destroy much economic value si that they include the circumvention in the tool itself.

  • http://airweb.org/links/ Hieronimus

    woeuo akuclfaiizm

  • http://airweb.org/links/ Hieronimus

    woeuo akuclfaiizm

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