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Social Semiotics In The Fair Use Analysis, H Brian Holland
Social Semiotics In The Fair Use Analysis, H Brian Holland
H Brian Holland
Social Semiotics in the Fair Use Analysis
34,314 words
3,809 footnotes (Bluebook formatted)
This article presents an alternate theory of fair use, employing social semiotics as a process theory of meaning-making to frame the transformativeness inquiry. It is an argument for an expansion of fair use based not on theories of authorship or rights of autonomy, but rather a theory of the audience linked to social practice. The article asks, in essence, whether audiences determine the meaning, purpose, function, or social benefit of an allegedly infringing work, often regardless of what the work’s creator did or intended. If so, does …