The Copyright Office won't expand allowable circumvention of DVD copyright protections to allow schools to stream full movies or TV shows to students either in class or studying remotely at home. But it will extend the smart TV interoperability exemption to streaming devices.

That is according to the just-released final order on proposed exemptions to the Digital Millennium Copyright Act (DMCA) prohibition on circumventing copyright protections for DVDs and other sources of copyrighted content. That was part of the office's eighth triennial review of those exemptions.

The Copyright Office has historically rejected expanding the exemption from prohibition on copyright protected DVDs and Blu-Rays as overly broad. The current language limits the exemption to "short portions" of longer works. It did so again, despite the Biden Administration's support of expanding the exemption.

Copyright holders are historically reluctant to allow for copyright protection circumvention because that makes it easier for the content to be pirated by others and distributed for non-educational purposes.

"The Register concluded that the exemption should not be expanded or amended to cover copying for the purpose of performing full-length motion pictures for educational purposes," the report said.

The Biden Administration had pushed for the full-movie exemption. In a letter to the Copyright Office earlier this month, NTIA said it supported BYU's request to eliminate the "short portion" language in the DMCA, which the school said would allow it to circumvent the encryption on the DVDs in its library so they could be streamed to students having to work remotely during the pandemic.

Also: Copyright Alliance Presses for Protections

BYU also pointed out that computers have been phasing out the optical drives that would let students view its DVD library. "Essentially, BYU asks to be able to 'space shift' the works from one medium to another to facilitate remote learning especially because of the need to provide remote learning as a result of the pandemic," NTIA said in explaining why it supported the circumvention expansion for streaming.

The Copyright Office was unpersuaded.

But streaming did get some extra attention in the exemption for noninfringing circumvention for computer programs that operate smart TVs, smartphones and tablets to allow for the download of third-party software to enable interoperability or the removal of software applications. In addition to the renewal of that exemption, a new, related, exemption was added for video streaming devices.

The new exemption covers "routers and other networking devices....whose primary purpose is to run applications that stream video from the internet for display on a screen. It does not extend to DVD or Blu-ray players or to video game consoles.

Shira Perlmutter, former VP and associate general counsel for intellectual property policy at Time Warner, has been named register of copyrights and director of the U.S. Copyright Office, succeeding Maria Strong, who has been heading up the office as acting register of copyrights since January 2020.

The Copyright Office's Licensing Division is responsible for various statutory license compensation regimes including for retransmissions of TV and radio programming by cable and satellite and "importing, manufacturing, and distributing digital audio recording devices or media."

Perlmutter was named to the post by Librarian of Congress Dr. Carla Hayden. “Shira brings to this role a deep knowledge of domestic and international copyright law and policy and a background in negotiating international intellectual property agreements," said Hayden. "She has experience working with a wide range of stakeholders and finding common ground on complex issues.”

Perlmutter, who will take over the post next month, has most recently been the chief policy officer and director for international affairs at US Patent and Trademark Office.

Her resume also includes the World Intellectual Property Organization (WIPO) in Geneva, where she was a consultant. She also consulted the Clinton Administration oin copyright issues and has taught copyright law at Catholic University. She has a BA from Harvard and a J.D. from the University of Pennsylvania.

“The Motion Picture Association congratulates Shira Perlmutter on her appointment as the 14th Register of Copyrights," said MPA Chairman Charles Rivkin. "Ms. Perlmutter has spent her career advancing intellectual property rights at the U.S. Patent and Trademark Office, the Copyright Office, the World Intellectual Property Organization, and in the private sector. She has a demonstrated commitment to supporting the rights of creators for the ultimate public good. We’re confident she will be a dedicated and effective director of the Copyright Office. We applaud Dr. Hayden on her selection and look forward to working with her and Ms. Perlmutter on protecting intellectual property, advancing copyright policy, and supporting all creators in this country.

“The Copyright Office will now have new leadership at a time when updating its operations is more important than ever," said Computer & Communications Association President Matt Schruers. "We look forward to working with Shira as she endeavors to modernize Copyright Office functions for the 21st Century.”

“The Library of Congress has made an outstanding choice,” said Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, in a statemnt. “I and the entire USPTO team congratulate Shira and wish her much success in her new and critically important role. As one of the nation’s most preeminent copyright experts, Shira is extremely well qualified to lead the Copyright Office. I look forward to working with her and continuing the USPTO’s longstanding and close collaboration with the Copyright Office.”

“The American Library Association (ALA) congratulates Shira Perlmutter on her appointment to be the Register of Copyrights,” said ALA President Julius C. Jefferson, Jr. “Ms. Perlmutter’s copyright expertise and experience working closely with the Librarian of Congress are a strong foundation on which to build a world class, efficient and comprehensive digital copyright registration and records infrastructure." 

“The National Association of Broadcasters has enjoyed a long working relationship with Shira Perlmutter and we support her appointment as Register of Copyrights," said NAB President Gordon Smith. "Her broad expertise and experience in copyright law make her well-suited to lead the Copyright Office. Local radio and television stations look forward to continuing to work with her on copyright issues affecting the broadcast industry.”

The Copyright Office has released its long-awaited report on Sec. 512 of the Digital Millennium Copyright Act (DMCA) and has concluded that, while it needs re-balancing, that "notice and takedown" regime needs no wholesale changes. 

The office points out that the report was the result of "a multi-year study resulting in two notices of inquiry, tens of thousands of written responses, nine empirical studies, and public roundtables in New York, San Francisco, and Washington, D.C." 

Related: Copyright Office Recommends No Big Changes to Circumvention Prohibition Framework

The section, passed in 1998, created the system of limited liability safe harbor for online service providers in exchange for agreeing to a system for detecting and rectifying copyright infringements, the so-called "notice and takedown" regime 

The report says that the safe harbor system is "unbalanced," saying it was out of sync with Congress' intent, including on "eligibility qualifications for the service provider safe harbors, repeat infringer policies, knowledge requirement standards, specificity within takedown notices, non-standard notice requirements, subpoenas, and injunctions." 

It suggested Congress might want to "fine tune" it to better balance the "the rights and responsibilities of online service providers and rightsholders in the creative industries." 

But wholesale changes, at least ones that fair use fans sought, were what some were looking for.  

“Today the U.S. Copyright Office released its long awaited Section 512 study," said Re-Create Coalition executive director Joshua Lamel. "Unfortunately, the Copyright Office mostly ignored the issues and arguments raised by consumer groups, tech platforms, libraries and others. While we are happy the report did not call for notice and stay down or siteblocking, the changes being suggested are not the ‘fine-tuning’ the Copyright Office suggests, but rather changes that will have a negative impact on the online creative ecosystem. 

For example the report, argues that a court ruling could place liability on rightsholders for who fail to conduct a fair use inquiry before sending a takedown notice, even if the material was infringing. It suggested Congress monitor the fallout from that decision and adjust Sec. 512 as necessary. 

"Despite the report’s original intent to ‘evaluate the impact and effectiveness of the DMCA safe harbor provisions,’ the Office has instead issued a report that only suggests changes that rightsholders asked for," said Lamel. 

“The Motion Picture Association strongly commends the United States Copyright Office for its very thorough report on section 512 of the Digital Millennium Copyright Act (DMCA)," said Motion Picture Association chair Charles Rivkin. 

“When Congress enacted the DMCA in 1998, it envisioned that section 512 would foster a collaborative environment that would ensure effective protections against online copyright theft. The Motion Picture Association agrees with the report’s conclusion that the DMCA ‘is not achieving the balance Congress originally intended’ and ‘fails to provide adequate protection of creators’ rights.’ Courts have interpreted Section 512 to expand the safe harbor in many ways Congress did not intend, and we look forward to exploring the Office’s suggestions." 

Computers companies saw it as a mixed result.

“We are encouraged that the study recognizes wholesale changes to the notice and takedown system are not needed," said the Computer & Communications Industry Association president Matt Schruers. "Since the Office began this inquiry back in 2015, the entertainment industry boomed, led largely by Internet-enabled channels. In the current crisis, digital services that depend upon Section 512 have provided the public with valuable tools to connect, communicate, and gather information. 

“It’s disappointing that the Office’s report says so little about fraudulent use of takedown demands to suppress speech, when it comes on the heels of a major Wall Street Journal investigation that uncovered serious cases of takedown abuse aimed at disappearing legitimate information from public view," added Schruers.

The Motion Picture Association has snagged a high-profile copyright expert. 

Karyn Temple has joined MPA as global general counsel. 

“I can think of no better person than Karyn Temple, one of the world’s leading experts on copyright, to help us advocate for our members’ global film, television and streaming businesses at this pivotal time of transformation in the industry,” said MPA chairman Charles Rivkin. 

Karyn is the former Register of Copyrights, where she headed up the Copyright Office including advising all three branches of government on copyright policy and law. 

Temple became register last Marhc, but been acting director and register since October 2016, when she succeeded Maria Pallante atop the office in that acting capacity. Temple has been with the office as an associate register and director of policy and international affairs since 2013. 

Temple's resume also includes the Justice Department, the Recording Industry Association of America and the Williams & Connolly law firm. 

“We thank Karyn Temple for her service at the Copyright Office," said the Re:Create Coalition. "Her efforts on behalf of digitization and improved information technology will serve as an important foundation for the Copyright Office’s continued transition into the 21st century. We also thank Karyn for her openness to work with the full spectrum of copyright stakeholders, including public interest advocates, and we hope that she will bring that same spirit of open-mindedness to the Motion Picture Association." 

“NAB congratulates Register of Copyrights Karyn Temple on her hire as MPA’s general counsel," said NAB EVP Dennis Wharton. "Her steady leadership and thoughtful decision-making as head of the Copyright Office have been vital in protecting the rights of content creators. We wish her all the best on this new endeavor.”