Law Commons^™

Billowing White Goo, Jessica Litman

Jessica Litman

In this paper, written for a symposium on “Fair Use: Incredibly Expanding or Extraordinarily Shrinking?,” I argue that the size of the fair use footprint has remained about the same over the past three decades, while the size and scope of copyright’s exclusive rights have expanded markedly. In order to protect a broader range of worthy uses under the fair use umbrella, courts have adopted new tests tailored to privilege particular sorts of uses, but in doing so they haven’t expanded fair use so much as they have moved it around. In part I of the paper, I briefly summarize …