Abstract

http://ssrn.com/abstract=1473611
 


 



Falling on Deaf Ears: Is the 'Fail-Safe' Triennial Exemption Provision in the Digital Millennium Copyright Act Effective in Protecting Fair Use?


Woodrow Hartzog


Samford University - Cumberland School of Law; Stanford Law School Center for Internet and Society

Spring 2005

Journal of Intellectual Property Law, Vol. 12, No. 2, 2005

Abstract:     
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 anticircumvention provisions by protecting the ability of the public to engage in noninfringing uses of copyrighted works.

Ultimately, this Article concludes that there are too many faults in both the structure and the execution of the rulemaking provision to meaningfully counteract the adverse effects of the anticircumvention provisions of the DMCA. Specifically, the rulemaking 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.

Number of Pages in PDF File: 42

Keywords: copyright, drm, dmca, fair use, anticircumvention, triennial rulemaking

Accepted Paper Series


Download This Paper

Date posted: September 21, 2009 ; Last revised: May 13, 2014

Suggested Citation

Hartzog, Woodrow, Falling on Deaf Ears: Is the 'Fail-Safe' Triennial Exemption Provision in the Digital Millennium Copyright Act Effective in Protecting Fair Use? (Spring 2005). Journal of Intellectual Property Law, Vol. 12, No. 2, 2005. Available at SSRN: http://ssrn.com/abstract=1473611

Contact Information

Woodrow Hartzog (Contact Author)
Samford University - Cumberland School of Law ( email )
800 Lakeshore Dr.
Birmingham, AL 35229
United States
HOME PAGE: http://cumberland.samford.edu/faculty/woodrow-n-hartzog
Stanford Law School Center for Internet and Society ( email )
Palo Alto, CA
United States
HOME PAGE: http://cyberlaw.stanford.edu/profile/woodrow-hartzog
Feedback to SSRN


Paper statistics
Abstract Views: 637
Downloads: 39

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.391 seconds