Oregon Law Review : Vol. 87 No. 4, p.1293-1326 : Circumventing Fair Use: How the Digital Millennium Copyright Act Restricts Fair Use and What to Do About It
Cohen, Adam J.
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.