How to achieve (some) balance in anti-circumvention laws

The World Intellectual Property Organization Copyright Treaty (WCT) has recognized the need of collaboration between the authors rights and the public interest in maintaining the US international copyright norms to respond to challenges arising from advances in information and communications technology. The anti-circumvention rules endorsed by WCT allows users to give copyright owners notice to make public interest uses of technically protected contents. The US government enacted the Digital Millennium Copyright Act (DMCA), the measured analysis developed in Religious Technology Center v. Netcom, that is a effective tool in the formation of ISP rules. The copyright owners are engaged in private initiative that designate circumvention services that are used by putative public interest users.

Duke Scholars

Author Jerome H. Reichman School of Law