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"Digital Rights" and Fair Use in Copyright Law (CRS Report for Congress)

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Release Date March 24, 2003
Report Number RL31827
Report Type Report
Authors Robin Jeweler, American Law Division
Source Agency Congressional Research Service
Summary:

This report examines judicial case law which has considered the doctrine of fair use in relation to the First Amendment, the Digital Millennium Copyright Act, and as a means of protecting private, noncommercial use of digital music and film by consumers. It concludes that when the potential to infringe is great, as it almost always will be in a digital environment, the courts have not been willing to expand fair use to encompass subsidiary uses such as time shifting, space shifting, or personal noncommercial use.
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