Abstract:
Parts I and II lay out the fundamentals of conventional copyright
law and the fair use defense to infringement. Part III explores the
changes in copyright law made to accommodate the digital age,
namely the DMCA. In the context of this statutory and common-law
framework, Part IV explores the conflict between the ACPs and fair
use. Part V applies the abstract principles from Part IV via a case
study on DVDs. Finally, Part VI offers a proposal to solve the
conflict introduced in Part IV: fair use should be a permissible
affirmative defense to violations of the ACPs.