Title: Fair Use vs. Fared Use: The Impact of Automated Rights Management on Copyright's Fair Use Doctrine
Abstract: Fair Use Vs. Fared Use: The Impact of Automated Rights Management on Copyright's Fair Use Doctrine TOM W. BELL[*] In this Article, Professor Bell examines the impact of new technologies on copyright's doctrine. The Article examines the prospective capabilities of automated rights management technologies to monitor and track the exchange of information in digital intermedia, such as the Internet, that would enable copyright holders to bill consumers for of their works. Professor Bell argues that these billing capabilities will cause a transformation in copyright law: a system of use will radically reduce the scope of the fair use defense. Upon examination of the effects of such a transformation, Professor Bell posits that a system of fared actually may offer freer access to expressive works. Professor Bell argues that allowing copyright owners and consumers to exit copyright law and freely contract under a fared system in time may reveal a system more beneficial than one preempted by federal copyright law. Professor Bell concludes by urging lawmakers and academics to await the emergence of new automated rights technologies and allow experimentation in the market to dictate copyright law's adaptation to such new technologies, rather than requiring new technologies to adapt to the traditional doctrine.
Publication Year: 1998
Publication Date: 1998-12-31
Language: en
Type: article
Access and Citation
Cited By Count: 93
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