Conclusion

Copyright owners may have a right to take self-help measures such as applying TPMs to their content. However, when the law backs these measures with sanctions for circumvention (as section 1201 of the copyright law does) or requires third parties like broadcasters to embed flags in their signals to protect content, it makes legal uses and activities – like home recording - illegal. Section 1201 and rules like the broadcast flag impose prohibitions on any kind of borrowing despite the fact that culture develops through dialogue. This happens when people criticize existing works, use them in new works, or use them to educate future artists. As such section 1201 and technology mandates like the broadcast flag do a great disservice not only to users but also to artists.