Document Type
Article
Abstract
This Article discusses the rulemaking mandate contained in 1201(a)(1)(C) and its effectiveness, as Copyright Office implemented it, in achieving the stated purpose. The Article then evaluates possible modifications to the DMCA which were introduced in the U.S. House of Representatives that purport to address shortcomings of the rulemaking procedure. Through the course of this analysis, the Article will address the technological and legal interests of copyright holders and users. These interests include copyright holders’ rights to reproduction and distribution in light of the realities of digital “fixation,” the possibilities for fair use under the DMCA, and the interests created by the DMCA in preventing circumvention and avoiding the adverse effects of the circumvention ban on nonfringing uses. This Article concludes with recommended approaches to achieve the reform necessary to advance the legitimate interests of those involved in the anticircumvention rulemaking process.
Recommended Citation
Christopher Moseng,
The Failures and Possible Redemption of the DMCA Anticircumvention Rulemaking Provision,
12 J. Tech. L. & Pol'y
(2007).
Available at: https://scholarship.law.ufl.edu/jtlp/vol12/iss2/5