Digital Rights and Fair Use in Copyright Law

Authors: Robin Jeweler, American Law Division

Abstract: This report examines judicial case law which has considered the doctrine of fair use in relation to the First Amendment, the Digital Millennium Copyright Act, and as a means of protecting private, noncommercial use of digital music and film by consumers. It concludes that when the potential to infringe is freat, as it almost always will be in a digital environment, the courts have not been willing to expand fair use to encompass subsidiary uses such as time shifting, space shifting, or personal noncommercial use.

Pages: 13

Date: Updated March 24, 2003

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