The Diminishing Fair Use Doctrine
Information Today, Vol. 19, No. 2, p. 15, February 2002
4 Pages Posted: 13 Aug 2010
Date Written: February 2002
Abstract
One of the fascinating things about American law is how an act of Congress that has remained largely unchanged in 25 years can see its authority diminished by a combination of technological change and collateral legal actions. Such is the case with copyright’s fair use doctrine. The doctrine has been on the books, virtually unchanged, for the last 25 years. Yet the doctrine has becoming increasingly challenged and weakened by congressional acts such as the Digital Millennium Copyright Act and the changing nature of intellectual property formats and technologies. November and December of 2001 saw a series of actions that clearly outline the practical and legal clouds that presently surround fair use.
Keywords: copyright law, lawsuits, fair use doctrine, legislation, copyright infringement, Digital Millennium Copyright Act, DMCA, 1976 Copyright Act, technology, market effect
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