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The Digital Millennium Copyright Act's main flaw is it looks at each copyright-protected work as an indivisible whole, ignoring the potential fair uses of short excerpts. It assumes that anyone trying to copy a DVD, for example, would be copying the entire thing; hence the later TEACH Act, which was needed in order to exempt film studies teachers from prosecution for Digital Rights Management violations when compiling clip reels for educational purposes.

Another issue is that the section 512 takedown notices are easy for rightsholders to issue--even en masse--but difficult (and, frankly, scary!) for alleged infringers to respond to: it's a guilty-until-proven-innocent model.

That being said, DMCA was never intended to have these effects; it was just supposed to update a 20-year-old law to reflect contemporary issues.

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Q: How has the Digital Millennium Copyright Act affected fair use of copyrighted material by consumers?
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