This Essay describes a social practices approach to the production of creative expression, as a construct to guide reform of copyright law. Specifically, it reimagines copyright's fair use doctrine by basing its statutory text explicitly on social practices. It argues that the social practices approach is consistent with the historical development of the fair use doctrine and with the policy goals of copyright law, and that the approach should be recognized in the text of the statute as well as in judicial applications of fair use.
Michael J. Madison,
Rewriting Fair Use and the Future of Copyright Reform,
Cardozo Arts & Entertainment Law Journal
Available at: https://scholarship.law.pitt.edu/fac_articles/350
Intellectual Property Law Commons, Internet Law Commons, Law and Economics Commons, Law and Society Commons, Political Economy Commons, Property Law and Real Estate Commons, Rule of Law Commons, Science and Technology Studies Commons, Social and Cultural Anthropology Commons, Theory, Knowledge and Science Commons