- Collection:
- Journal of Intellectual Property Law
- Title:
- Falling On Deaf Ears: Is the "Fail-Safe" Triennial Exemption Provision in the Digital Millennium Copyright Act Effective in Protecting Fair Use?
- Creator:
- Hartzog, Woodrow Neal
- Date of Original:
- 2005-04
- Subject:
- Intellectual property lawyers
Intellectual property
University of Georgia. School of Law
Law--Study and teaching - Location:
- United States, Georgia, Clarke County, Athens, 33.96095, -83.37794
- Medium:
- articles
- Type:
- Text
- Format:
- application/pdf
- Description:
- This Article examines whether the "fail-safe" triennial exemption provision of the DMCA is effective for its intended purpose: to serve as a countermeasure to the DMCA's anti-circumvention provisions by protecting the ability of the public to engage in non-infringing uses of copyrighted works.
Ultimately, this Article concludes that there are too many faults in both the structure and the execution of the rule-making provision to meaningfully counteract the adverse effects of the anti-circumvention provisions of the DMCA. Specifically, the rule-making procedure explicitly prohibits exemptions to a class based on the use of the work. This amounts to a rejection of fair use principles - one of the very doctrines the exemption provision was designed to protect.
copyright -- drm -- digital millennium copyright act -- digital rights management -- dmca -- fair use -- anticircumvention -- triennial rulemaking -- Entertainment, Arts, and Sports Law -- Intellectual Property Law - External Identifiers:
- Metadata URL:
- https://digitalcommons.law.uga.edu/jipl/vol12/iss2/1
- Holding Institution:
- Alexander Campbell King Law Library
- Rights:
-
