All Academic, Inc. Research Logo

Info/CitationFAQResearchAll Academic Inc.
Document

Fair Use and the Digital Millennium Copyright Act (DMCA): A Case for Judicial Review?
Unformatted Document Text:  4 is more prevalent in certain nations than others depending on the values and ideologies of the nations involved. However, at the international level, with the introduction of globalization, it seems that nations like the United States who have hitherto been more concerned about public access to intellectual products are increasingly moving toward economic benefits to creators as the more prevailing objective for copyright laws. As stated by some copyright scholars, copyright law in the United States, while patterned after the British law, is unique in its commitment to individual freedom in public life. This is demonstrated by the legislative intent of the congressional Copyright Act and the common law fair use doctrine that was codified in the 1976 revision of the Copyright Act. 7 Issues Digital piracy is undeniably a major problem of the information age that has dire economic consequences for the information industry the nation’s economy by extension. However, for several thousands of people in the education and research industry in the United States, the implications of DMCA may have more far-reaching consequences. The current study is important because the anti-trafficking and anti-circumvention clauses in section 1201 of DMCA have been argued by some scholars 8 to compromise First Amendment and fair use concerns. Scholars like Jane C. Ginsburg make the argument that if all kinds of works involving creativity and imagination are to be available on the internet, there need to be some assurance that they will not be hijacked on the superhighway. 9 The Working Group on Intellectual Property Rights appointed by President Clinton also makes the same argument saying; Creators and other owners of intellectual property rights will not be willing to put their interests at risk if appropriate systems—both in the US and internationally—are not in place to permit them to set and enforce the terms and conditions under which their Intellectual Property, Humanistic Studies and the Internet, 2001 for a fuller explanation on the Uruguay Round and Intellectual Property 7 Several authors have made this argument including Diane Zimmerman, Information as Speech, Information as Goods: Some thoughts on marketplaces and the bill of rights, 33 Wm. And Mary L. Rev. 665, 1992; Yochai Benkler, Free as the air to common use: First Amendment Constraints on enclosure of the public domain, 74 N.Y.U. L. Rev. 354, 1999; among several others. 8 See Yochai Benkler, Free as the Air to common use: First Amendment constraints on the enclosure of the public domain, 74 N.Y.U.L. REV. 354; See also Pamela Samuelson, Intellectual property and the digital economy: why the anti-circumvention regulations need to be revised, 14 BERK. TECH. L. J. 2, 2-4 (1999)

Authors: Abah, Adedayo.
first   previous   Page 4 of 24   next   last



background image
4
is more prevalent in certain nations than others depending on the values and ideologies of the
nations involved. However, at the international level, with the introduction of globalization, it
seems that nations like the United States who have hitherto been more concerned about public
access to intellectual products are increasingly moving toward economic benefits to creators as
the more prevailing objective for copyright laws.
As stated by some copyright scholars, copyright law in the United States, while patterned
after the British law, is unique in its commitment to individual freedom in public life. This is
demonstrated by the legislative intent of the congressional Copyright Act and the common law
fair use doctrine that was codified in the 1976 revision of the Copyright Act.
7
Issues
Digital piracy is undeniably a major problem of the information age that has dire
economic consequences for the information industry the nation’s economy by extension.
However, for several thousands of people in the education and research industry in the United
States, the implications of DMCA may have more far-reaching consequences.
The current study is important because the anti-trafficking and anti-circumvention clauses
in section 1201 of DMCA have been argued by some scholars
8
to compromise First Amendment
and fair use concerns. Scholars like Jane C. Ginsburg make the argument that if all kinds of
works involving creativity and imagination are to be available on the internet, there need to be
some assurance that they will not be hijacked on the superhighway.
9
The Working Group on
Intellectual Property Rights appointed by President Clinton also makes the same argument
saying;
Creators and other owners of intellectual property rights will not be willing to put
their interests at risk if appropriate systems—both in the US and internationally—are not
in place to permit them to set and enforce the terms and conditions under which their
Intellectual Property, Humanistic Studies and the Internet, 2001 for a fuller explanation on the Uruguay Round and
Intellectual Property
7
Several authors have made this argument including Diane Zimmerman, Information as Speech, Information as
Goods: Some thoughts on marketplaces and the bill of rights, 33 Wm. And Mary L. Rev. 665, 1992; Yochai
Benkler, Free as the air to common use: First Amendment Constraints on enclosure of the public domain, 74 N.Y.U.
L. Rev. 354, 1999; among several others.
8
See Yochai Benkler, Free as the Air to common use: First Amendment constraints on the enclosure of the public domain,
74 N.Y.U.L. REV. 354; See also Pamela Samuelson, Intellectual property and the digital economy: why the anti-
circumvention regulations need to be revised
, 14 BERK. TECH. L. J. 2, 2-4 (1999)


Convention
All Academic Convention can solve the abstract management needs for any association's annual meeting.
Submission - Custom fields, multiple submission types, tracks, audio visual, multiple upload formats, automatic conversion to pdf.
Review - Peer Review, Bulk reviewer assignment, bulk emails, ranking, z-score statistics, and multiple worksheets!
Reports - Many standard and custom reports generated while you wait. Print programs with participant indexes, event grids, and more!
Scheduling - Flexible and convenient grid scheduling within rooms and buildings. Conflict checking and advanced filtering.
Communication - Bulk email tools to help your administrators send reminders and responses. Use form letters, a message center, and much more!
Management - Search tools, duplicate people management, editing tools, submission transfers, many tools to manage a variety of conference management headaches!
Click here for more information.

first   previous   Page 4 of 24   next   last

©2012 All Academic, Inc.