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How do you reconcile this view with fair use though?

If fair use tells us that it's ok to use parts of copyrighted works for certain purposes, then there must be a legal avenue for obtaining those parts.



Not necessarily. Public domain and fair use don't require distribution to occur. Ex: Photos taken in the 1890s are public domain, and you may know that they exist (having seen a print in a no-photography-allowed museum), but the owner of the only copy of the photo is under no obligation to distribute them.


Cynically, parts of the DMCA look an awful lot like an end run around fair use.




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