Document Type

Working Paper

Publication Date

7-26-2006

SSRN Discipline

PSN Subject Matter eJournals; Political Economy - Comparative eJournals; ISN Subject Matter eJournals; LSN Subject Matter eJournals; Intellectual Property Law eJournals; Legal Scholarship Network; PRN Subject Matter eJournals; Philosophy Research Network; Political Economy - International eJournals; Law School Research Papers - Legal Studies; Law & Society eJournals; Law & Society: Private Law eJournals; Law School Research Papers - Public Law & Legal Theory; Humanities Network; Information Systems & eBusiness Network; Political Science Network

Abstract

Much existing scholarship focuses on the rights of authors to modify copyrighted works this article explores of the rights of consumers Advances in technology are providing consumers new opportunities to alter copyrighted works for their private enjoyment The recent dispute involving the ClearPlay technology for skipping offensive content in DVDs demonstrates how important and how controversial the clash of interests between authors and consumers may be In this article I consider the state of the law on consumer modifications and the arguments both economic and noneconomic for expanding or restricting the freedom of consumers A distinction can be drawn between modifications performed on behalf of consumers and modifications performed by consumers perhaps using tools supplied by others I conclude by advocating a safe harbor for certain modifications performed by consumers for their own use

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