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Fair Use and the Digital Millennium Copyright Act (DMCA): A Case for Judicial Review?
Unformatted Document Text:  1 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 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.

Authors: Abah, Adedayo.
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1
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 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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