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