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Full-Text Articles in Law
In Defense Of Geographic Disparity, Craig Allen Nard
In Defense Of Geographic Disparity, Craig Allen Nard
Faculty Publications
A response to Margo A. Bagley, Patently Unconstitutional: The Geographical Limitation on Prior Art in a Small World, 87 Minn. L. Rev. 679 (2003).
Introduction: The Law, Technology & The Arts Symposium: Copyright In The Digital Age: Reflection On Tasini And Beyond, Craig Allen Nard
Introduction: The Law, Technology & The Arts Symposium: Copyright In The Digital Age: Reflection On Tasini And Beyond, Craig Allen Nard
Faculty Publications
Introduction tp The Law, Technology & The Arts Symposium: Copyright in the Digital Age: Reflection on Tasini and Beyond, Cleveland, Ohio.
Consumers & Creative Destruction: Fair Use Beyond Market Failure, Raymond Shih Ray Ku
Consumers & Creative Destruction: Fair Use Beyond Market Failure, Raymond Shih Ray Ku
Faculty Publications
For almost twenty years, the concept of market failure has defined the boundaries of fair use under copyright law. In this article Professor Ku challenges this interpretation of fair use by offering an alternative economic interpretation of the doctrine. This Article argues fair use is justified when consumer copying creatively destroys the need for copy- right's exclusive rights in reproduction and distribution. This occurs when: 1) the consumer of a work makes copies of it, and 2) creation of the work does not depend upon funding derived from the sale of copies. Under these circumstances, exclusive rights in reproduction and …