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First Amendment

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Draft Of Beck Lecture - 2010, Wendy J. Gordon Sep 2010

Draft Of Beck Lecture - 2010, Wendy J. Gordon

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I am grateful to the wonderful BU community that has taught me so much, and to those who made this event possible. I thank Dean O'Rourke for hosting this wonderful event, Mary Gallagher, Cornell Stinson and Erin Elwood for organizing it, and I thank you all for coming. I am honored to follow Bill Ryckman in the Chair, a man I admire. Most especially I thank Phil Beck for his generosity to the Boston University School of Law in funding this Chair. It's flattering to me having been chosen its recipient, and flattering to the school that Phil chose us …


Second Draft Of The Public's Right To Fair Use - 2007, Wendy J. Gordon Aug 2007

Second Draft Of The Public's Right To Fair Use - 2007, Wendy J. Gordon

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Under provocative titles like "fared use" and "the end of friction," commentators argue about whether or not the doctrine of "fair use" should exist in a world of instantaneous transactions. As collecting societies like the Copyright Clearance Center become more powerful, and technologies like the internet have made it possible to purchase digital copies by clicking a mouse, the suggestion is sometimes made that fair use could or should disappear. Courts like the Second and Sixth Circuits have flirted with foreclosing fair use if a licensing market is present or possible. The presence of 'traditional, reasonable, or likely to be …


Draft Of The Public's Right To Fair Use - 2007, Wendy J. Gordon Aug 2007

Draft Of The Public's Right To Fair Use - 2007, Wendy J. Gordon

Scholarship Chronologically

Under provocative titles like "fared use" and "the end of friction," commentators argue about whether or not the doctrine of "fair use" should exist in a world of instantaneous transactions. As collecting societies like the Copyright Clearance Center become more powerful, and technologies like the internet have made it possible to purchase digital copies by clicking a mouse, the suggestion is sometimes made that fair use could or should disappear. Courts like the Second and Sixth Circuits have flirted with foreclosing fair use if a licensing market is present or possible. The presence of 'traditional, reasonable, or likely to be …


Aals Speech, Wendy J. Gordon Sep 1992

Aals Speech, Wendy J. Gordon

Scholarship Chronologically

Marshall has also said I can speak as long as I want, so scream when you've had enough.


Cd-Rom Symposium Transcript One - 1992, Wendy J. Gordon Mar 1992

Cd-Rom Symposium Transcript One - 1992, Wendy J. Gordon

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Enclosed are the corrected pages of the transcript. The article itself will follow shortly.


Notes On Economics Of Suppression - 1990, Wendy J. Gordon May 1990

Notes On Economics Of Suppression - 1990, Wendy J. Gordon

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The Treatise suggests that the two major strains in copyright are the economic or instrumental perspective, and the authors' rights perspective. This dual perspective parallels the configuration in property and tort law as a whole, where quandaries such as the suppression problem are sometimes analyzed in terms of whether the individual holding an entitlement is a "steward" entrusted with the resource solely for sake of the social good that is likely to result from his or her productive use of it, or a "sovereign" to be left unregulated in managing the resource.