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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