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Intellectual property; information technology; copyright law; statutory fair use; infringement; defence; exception; digital rights management; DRM; anti-circumvention
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Better A Sword Than A Shield: The Case For Statutory Fair Dealing/Use Right As Opposed To A Defence In The Light Of The Disenfranchising Effect Of Digital Rights Management And Anti-Circumvention Laws, Warren B. Chik
Warren Bartholomew Chik
This paper endorses a reinvention of the general and flexible fair use doctrine through the simple powerful elevation of its legal status from a legal exception to that of a legal right, and identifies all the benefits that a fair use right entails.