Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Social and Behavioral Sciences

Advisory opinion

2007

Articles 1 - 1 of 1

Full-Text Articles in Law

Fixing Fair Use, Michael W. Carroll Apr 2007

Fixing Fair Use, Michael W. Carroll

Articles in Law Reviews & Other Academic Journals

The fair use doctrine in copyright law balances expressive freedoms by permitting one to use another's copyrighted expression under certain circumstances. The doctrine's extreme context-sensitivity renders it of little value to those who require reasonable ex ante certainty about the legality of a proposed use. In this Article, Professor Carroll advances a legislative proposal to create a Fair Use Board in the U.S. Copyright Office that would have power to declare a proposed use of another's copyrighted work to be a fair use. Like a private letter ruling from the IRS or a “no action” letter ...