Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
An Industrial Organization Approach To Copyright Law, Michael Abramowicz
An Industrial Organization Approach To Copyright Law, Michael Abramowicz
William & Mary Law Review
No abstract provided.
A Pattern-Oriented Approach To Fair Use, Michael J. Madison
A Pattern-Oriented Approach To Fair Use, Michael J. Madison
William & Mary Law Review
More than 150 years into development of the doctrine of "fair use" in American copyright law, there is no end to legislative, judicial, and academic efforts to rationalize the doctrine. Its codification in the 1976 Copyright Act appears to have contributed to its fragmentation, rather than to its coherence. As did much of copyright law, fair use originated as a judicially unacknowledged effort via the law to validate certain favored practices and patterns. In the main, it has continued to be applied as such, though too often courts mask their implicit validation of these patterns in the now-conventional "caseby- case" …