Law Commons^™

Fair Use Of Copyrighted Software, Stephen M. Mcjohn

Suffolk University Law School Faculty Works

This article discusses how the functional aspects of software should be accounted for in applying copyright's fair use doctrine. Copyright provides an incentive for authors to produce creative works, by giving them an exclusive right to make and distribute copies of their work. The fair use doctrine permits others to make copies where strict enforcement of the exclusive right would be counter-productive. Fair use often permits use of copyrighted material where the author suffers no loss, or where the author might deny permission for reasons counter to copyright's goals of fostering creativity and innovation. Parts II and III apply this …