Federal Appeals Court Rules Fair Use May Be Narrowed to Serve Hollywood Profits

A recent ruling by the D.C. Circuit Court of Appeals has upheld Section 1201 of the Digital Millennium Copyright Act (DMCA), which prohibits the circumvention of access restrictions on copyrighted works. This decision has significant implications for fair use, as it suggests that the law may be narrowed to benefit the profits of Hollywood and other copyright owners. The Electronic Frontier Foundation (EFF), which challenged the law on First Amendment grounds, argued that it restricts expression and research, making it illegal to create fair use content or to adapt materials for individuals with disabilities. The court concluded that the restrictions are necessary to incentivize copyright owners to publish works online, despite evidence that many works are available without such restrictions. The ruling treats the ban on circumvention as a regulation of conduct rather than speech, which raises concerns about the potential for government overreach in regulating access to information. Critics argue that this decision favors large corporations over individual users and undermines the rights of fair users, particularly in the context of digital technology. The EFF plans to continue advocating for the rights of individuals to express themselves and understand the technology they use, emphasizing the need for a copyright framework that serves the public interest rather than just the interests of major copyright holders.