Page:The librarian's copyright companion, by James S. Heller, Paul Hellyer, Benjamin J. Keele, 2012.djvu/138

• the faculty or graduate student’s activity does not involve access to instructional materials for a course taught by that person that are or were required or recommended within the last three years;
• within the last three years the institution did not receive more than two notifications of infringement by the instructor; and
• the institution provides informational materials that accurately describe and promote compliance with federal copyright law.^[1]

Anti-Circumvention (Section 1201)

Copyright owners sometimes use technological measures (such as encryption or regional lock codes) to prevent unauthorized access to information and unauthorized copying of information. The DMCA prohibits circumventing or overriding these technological measures in most cases, but it treats access controls (for example, region lock that prevents playing a movie made in China from playing on a device made in the United States) differently from copying controls (such as codes that prevent copying a DVD to a hard drive).

The DMCA prohibits producing or selling devices that break through technological barriers to enable unauthorized access or copying. Even if you acquired one of these devices, in almost all instances it is illegal for you to circumvent or override those technological measures. The only exemptions to this prohibition are granted by the Copyright Office.^[2] Here are the most recent set of exemptions, in simplified form:^[3]

1. You may break through the Content Scrambling System (CSS) on lawfully-purchased DVDs to incorporate small portions of the work for purposes of comment or criticism for educational uses by college professors or media studies students, documentary films, and noncommercial videos.
2. You may break through software that prevents your mobile phones from executing other software applications. This is what legitimates jail-breaking your iPhone and installing software not approved by Apple.
3. You may break software controls that force your phone to connect to only one network. You may also buy an iPhone from one phone company and then move it to another company’s network.

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1. 17 U.S.C. § 512(e) (2006).
2. 17 U.S.C. § 1201(a)(1)(C) (2006).
3. 75 Fed. Reg. 43,825 (July 27, 2010).