Advancing the Interests of Authors Who Want to Serve the Public Good
Markets Markets Markets (Value!)
Fair use’s fourth factor recognition of markets is not meant to erect castle walls around the markets for all existing works. Instead, it forms part of a flexible standard that was built to withstand (and facilitate) rapid change, which it has done quite effectively for the past 50 years. Copyright’s constitutional purpose is to promote progress and creative expression, not to shield authors from unfavorable comment, market backlash, or changing audience preferences.
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The Latest
Confidently Incorrect: Misunderstanding “How Much Is Too Much” for Fair Use
Of the four statutory fair use factors, the “the amount and substantiality of the portion used in relation to the copyrighted work as a whole,”…
Respecting the Second Factor
The nature of a work has been reduced to two binary, rather forumulaic questions. In FY2024, the Copyright Office registered around 425,000 works, representing an…
A Comprehensive Review of Post-Warhol Appellate Decisions on the First Factor
Warhol v. Goldsmith (2023) marked the very first time the Supreme Court opined exclusively on a SINGLE fair use factor. Considering the importance of fair…
