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
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Date
2008
Authors
Cohen, Adam J.
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
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.
Description
34 p.
Keywords
Copyright, United States. Digital Millennium Copyright Act, Digital Millennium Copyright Act, DMCA