And I am surprised someone hasn't attempted this exact point. What prevents a copyright holder from preemptively declaring that certain uses of their work are prohibited? Every VHS tape, DVD, Blueray disc, compact cassette tape, compact disc, etc, has always had a declaration to the effect that the material on the media is copyrighted and licensed only for personal home performances of that material, and that any other possible uses are prohibited. Yes, the courts have upheld some fair use cases that are clearly within the spirit of the original intention of home performances, like making personal mix tapes, or recording TV shows to watch later. That doesn't change the fact that the otherwise general prohibition of doing anything else with that media but using it for a home performance of that media's content has also been upheld in the courts.