The Electronic Frontier Foundation suggests to found a collective society that all copyright holders can join. This society would permit consumers to copy and share files freely and without any legal threats. In return, consumers would have to pay a small monthly fee (they suggest $ 5) which allows them to participate in file-sharing – a kind of media flat-rate. The fact that file-sharing is already extremely popular today (files are shared anyway) and would then even increase in popularity would be a strong incentive for artists to join and thereby guarantee a large variety of legalized content. Consumers, in return, would have a strong incentive to legalize their download if the fee is reasonable and would allow them to buy legality cheaply. The revenues from the fees would be divided between artists and rightholders depending on the download-popularity of their works.

 

Jacqueline D. Lipton argues that the current anti-circumvention provisions in the DMCA should be maintained, but that fair use should be acknowledged a positive legal right to access and use protected works  instead of being a mere defense against liability for copyright infringement. As rights have little value if they are unenforceable, she suggests to establish an administrative agency and an administrative complaint mechanism that allows individual users to obtain particular fair uses of certain works. This would allow to adjust the demanded fair use to the individual needs of the consumer without being bound to pre-tailored categories of works or fair uses like the exemptions the DMCA provides in § 1201(a)(1)(C).