UCI IP, ARTS & TECH CLINIC — The IPAT Clinic has filed an amicus brief in federal court in Washington, DC in a closely-watched constitutional challenge to an obscure but important part of copyright law. The Clinic filed on behalf of long-time clients Kartemquin Films and the International Documentary Association, in Green v. United States Department of Justice, a case challenging the constitutionality of Section 1201 of the Digital Millennium Copyright Act. Section 1201 makes it illegal to break encryption on digital media, even when that encryption is thwarting important expressive conduct like criticism, commentary, research, and the like—deeply compromising filmmakers’ ability to make fair use. Our clients depend on fair use to make commentary, criticism, instruction, add context, and report on current events by utilizing portions of digitized movies and other digitized content. But fair use is of little consequence if filmmakers cannot access the high-quality digital material they seek to use in the first place. Today the vast majority of film and video clips covered by fair use are locked behind encryption. Even though breaking encryption is necessary for nearly all filmmakers who wish to make fair use, the DMCA makes that a crime.