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Fair Use and the Digital Millennium Copyright Act (DMCA): A Case for Judicial Review?

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Abstract:

This is an exploratory study to critically examine section 1201 of DMCA and its impact on the doctrine of fair use. This study established that DMCA as currently written may impact fair use unfairly. Using the public choice theory as a framework, the study argues that DMCA may be a ripe candidate for judicial review rather than creating another exemption for socially beneficial uses as recommended by copyright scholars. Considering the protected status of the fair use doctrine in U.S. Copyright law, this will allow judges to consider fair use as a defense to a charge of circumvention. Judicial review will provide a more expansive interpretation of section 1201 which is needed to preserve the public domain and maintain the traditional balance in copyright law between the interest of users and economic interests of copyright owners.

Most Common Document Word Stems:

use (125), copyright (120), dmca (96), law (83), fair (69), public (66), case (52), court (50), studi (46), inform (43), 1201 (38), work (38), digit (37), state (36), interest (35), section (35), circumvent (32), id (30), anti (29), make (29), legisl (27),

Author's Keywords:

DMCA, Copyright, Fair Use
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Name: International Communication Association
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MLA Citation:

Abah, Adedayo. "Fair Use and the Digital Millennium Copyright Act (DMCA): A Case for Judicial Review?" Paper presented at the annual meeting of the International Communication Association, Marriott Hotel, San Diego, CA, May 27, 2003 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p111726_index.html>

APA Citation:

Abah, A. L. , 2003-05-27 "Fair Use and the Digital Millennium Copyright Act (DMCA): A Case for Judicial Review?" Paper presented at the annual meeting of the International Communication Association, Marriott Hotel, San Diego, CA Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p111726_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: This is an exploratory study to critically examine section 1201 of DMCA and its impact on the doctrine of fair use. This study established that DMCA as currently written may impact fair use unfairly. Using the public choice theory as a framework, the study argues that DMCA may be a ripe candidate for judicial review rather than creating another exemption for socially beneficial uses as recommended by copyright scholars. Considering the protected status of the fair use doctrine in U.S. Copyright law, this will allow judges to consider fair use as a defense to a charge of circumvention. Judicial review will provide a more expansive interpretation of section 1201 which is needed to preserve the public domain and maintain the traditional balance in copyright law between the interest of users and economic interests of copyright owners.

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Document Type: .PDF
Page count: 24
Word count: 9119
Text sample:
Abstract Fair Use and the Digital Millennium Copyright Act (DMCA): A Case for Judicial Review? This is an exploratory study to critically examine section 1201 of DMCA and its impact on the doctrine of fair use. This study established that DMCA as currently written may impact fair use unfairly. Using the public choice theory as a framework the study argues that DMCA may be a ripe candidate for judicial review rather than creating another exemption for socially beneficial uses
All of the above points to the multidimensional nature of this law and its unpredictability due to the fact that the technology it aims to regulate is still evolving. In all of these it will be important to keep in mind that the goal of copyright law is to create a balance between competing interests. Allowing content owners to sue and win copyright cases without having to show infringement should is moving copyright law into a worrisome sphere. 87


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