A Riff on Fair Use in the Digital Millennium Copyright Act

Nimmer, David

doi:10.2307/3312825

Cited by 33 publications

(9 citation statements)

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“…Thus, contracting countries have more room to design the protection as well as the exception. This is different from the TPM provisions in the US FTAs that went far beyond the requirements under the WPPT regarding the regulation of circumvention of TPMs by prohibiting the manufacture and distribution of devices which are mainly designed to circumvent [153]. However, it is likely that the prospective Thailand-US FTA would require Thailand to provide adequate protections against actions or devices that circumvent the TPMs as well.…”

Section: The Protection For the Technological Protection Measures (Tpmentioning

confidence: 76%

The Protection of Performer's Rights under the Copyright Law in Thailand: The Proposed Reform in the Light of the Prospective Free Trade Agreements with the United States and European Union

Supasiripongchai¹

2014

Intel Prop Rights

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This article considers the legal changes which must be made to the protection of performers' rights under the Thai Copyright Act (CA) 1994 if Thailand is going to sign the Free Trade Agreements (FTA) with the United States or the European Union that would be likely to require Thailand to ratify the WIPO Performances and Phonograms Treaty 1996 (WPPT). It argues that the current provisions of the Thai CA 1994 still fall short of the standard for the protection of performers' rights under the WPPT, the provision of the prospective FTA of the United States and that of the European Union. It recommends that Thailand must improve the provisions on the protection of performers' rights in the current Thai CA 1994 in order to provide better protection for performers' rights in Thailand and make such provisions consistent with the standard of the protection of performers' rights in the WPPT and the prospective FTAs.

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Section: The Protection For the Technological Protection Measures (Tpmentioning

confidence: 76%

The Protection of Performer's Rights under the Copyright Law in Thailand: The Proposed Reform in the Light of the Prospective Free Trade Agreements with the United States and European Union

Supasiripongchai¹

2014

Intel Prop Rights

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“…108 Pamela Samuelson warns that the DMCA anti-circumvention provisions contain language very close to that 'rejected by the WCT's Diplomatic conference as overbroad and detrimental to the public domain'. 109 Since its inception, the DMCA's anti-circumvention provisions have been criticised as 'fiendishly complicated', 110 over-broad and unclear, 'creating new rights that are expansive and unprecedented', 111 thereby offering too much protection to authors and publishers at the expense of users of copyright works and constituting a threat to the public domain. 112 In particular, the DMCA prohibits circumventing a TPM that prevents access to a work -which is not a right protected by traditional copyright law.…”

Section: United States Anti-circumvention Lawmentioning

confidence: 99%

Free Trade Agreements with the United States, Rulemaking and TPMs: Why Asian Pacific Nations Should Resist Increased Regulation of TPMs in their Domestic Copyright Laws

Corbett

2018

Making Copyright Work for the Asian Pacific: Juxtaposing Harmonisation With Flexibility

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The draft Asian Pacific Copyright Code (draft Code) 2 draws on international copyright treaties and agreements (the most recent of which were drafted in the 1990s and brought into force in the early 2000s) 3 to provide guidance on the minimum standards to be achieved in the copyright laws in the region. The draft Code is brief, however, and there is much potential for extending its scope to cover important areas of 1

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“…143–4). The clear impoverishment of fair use effectuated by the DMCA led David Nimmer to suggest that the act was “a conscious contraction of user rights” (Nimmer, 2000, p. 675; cited in Herman and Gandy Jr., 2006, p. 187).…”

Section: In Pursuit Of Prescriptive Parallelismmentioning

confidence: 99%

Digital Locks and the Fate of Fair Dealing in Canada: In Pursuit of “Prescriptive Parallelism”

Craig

2010

The Journal of World Intellectual Property

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The enactment of anti‐circumvention laws in Canada appears imminent and all but inevitable. This article considers the threats posed by technical protection measures and anti‐circumvention laws to fair dealing and other lawful uses of protected works, and so to the copyright system more generally. The argument adopts, as its normative starting point, the principle of “prescriptive parallelism” according to which the traditional copyright balance of rights and exceptions should be preserved in the digital environment. Looking to the experiences of other nations, the article explores potential routes towards reconciling technical protection measures with copyright limits, and maintaining a substantive continuity in Canada's copyright balance.

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A Riff on Fair Use in the Digital Millennium Copyright Act

Cited by 33 publications

References 0 publications

The Protection of Performer's Rights under the Copyright Law in Thailand: The Proposed Reform in the Light of the Prospective Free Trade Agreements with the United States and European Union

The Protection of Performer's Rights under the Copyright Law in Thailand: The Proposed Reform in the Light of the Prospective Free Trade Agreements with the United States and European Union

Free Trade Agreements with the United States, Rulemaking and TPMs: Why Asian Pacific Nations Should Resist Increased Regulation of TPMs in their Domestic Copyright Laws

Digital Locks and the Fate of Fair Dealing in Canada: In Pursuit of “Prescriptive Parallelism”

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