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Full-Text Articles in Law
I Put You There: User-Generated Content And Anticircumvention, Rebecca Tushnet
I Put You There: User-Generated Content And Anticircumvention, Rebecca Tushnet
Vanderbilt Journal of Entertainment & Technology Law
This Article discusses recent rulemaking proceedings before the Copyright Office concerning the anticircumvention provisions of the Digital Millennium Copyright Act (DMCA). During these proceedings, non-institutionally affiliated artists organized to assert their interests in making fair use of existing works, adding new voices to the debate. A proposed exemption for noncommercial remix video is justified to address the in terrorem effect of anticircumvention law on fair use. Without an exemption, fair users are subjected to a digital literacy test combined with a digital poll tax, and this regime suppresses fair use. The experience of artists (vidders) confronting the law illustrates both …
Transformative Use And Cognizable Harm, Thomas F. Cotter
Transformative Use And Cognizable Harm, Thomas F. Cotter
Vanderbilt Journal of Entertainment & Technology Law
In recent years, the question of whether the unauthorized use of a copyrighted work is "transformative" has become a dominant consideration in determining whether the use is fair or unfair. As critics have pointed out, however, this emphasis on transformative use is both underinclusive and indeterminate of the range of uses that fall within the scope of the fair use privilege. Worse yet, efforts to define or apply the concept of transformative use, or to distinguish fair transformative uses from transformative uses that infringe the copyright owner's exclusive right to prepare derivative works, often serve only to illuminate the concept's …