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EFF to Court: Fair Use is a Right Congress Cannot Cast Aside
May 11, 2022, 7:18 p.m. | Kit Walsh
Deeplinks www.eff.org
Copyright law and free expression have always been in tension, with the courts protecting speech from overzealous copyright claims using legal doctrines such as fair use. But in 1998, Congress passed the Digital Millennium Copyright Act, and since then courts have interpreted its “anti-circumvention” provision to give rightsholders the unprecedented power to block even fair uses of their works, whenever that use requires bypassing an access control like encryption or DRM.
This has harmed independent filmmakers when they try to …
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