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Viva R. Moffat

Selected Works

2007

Contracts

Articles 1 - 1 of 1

Full-Text Articles in Law

Rethinking Contractual Restrictions On Fair Use: Preemption And The Structure Of Copyright Policymaking, Viva R. Moffat Feb 2007

Rethinking Contractual Restrictions On Fair Use: Preemption And The Structure Of Copyright Policymaking, Viva R. Moffat

Viva R. Moffat

Rethinking Contractual Restrictions on Fair Use: Preemption and the Structure of Copyright Policymaking

Viva R. Moffat

Abstract

Online contracts proliferate and govern nearly every commercial transaction and most of the ways in which the modern consumer interacts with the world. Issues surrounding “contracting around” the Copyright Act have been simmering for years. In this article, I survey numerous online contracts, and I conclude that these issues have only become more acute: nearly every website and every good or service sold online comes with a contract attached, and virtually every one of those contracts contains a limitation on fair use.

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