Document Type
Article
Publication Date
2022
Abstract
This short essay argues that the sometimes fetishistic desire on the part of progressive intellectual property scholars to defend fair use is at odds with racial justice. Through a rereading of landmark fair use cases using tools drawing from Critical Race Intellectual Property (“CRTIP”), it contends that scholars, lawyers, judges, practitioners, and activists would be well served by focusing on how fair use remains grounded in whiteness as (intellectual) property. It argues for doing so by rethinking the purpose of the Copyright Act of 1976 to be inclusive of Black, Brown, and Indigenous authors.
Recommended Citation
Anjali Vats,
The Racial Politics of Fair Use Fetishism,
1
LSU Journal for Social Justice & Policy
67
(2022).
Available at:
https://scholarship.law.pitt.edu/fac_articles/523
Included in
Civil Rights and Discrimination Commons, Human Rights Law Commons, Intellectual Property Law Commons, Law and Politics Commons, Law and Race Commons, Law and Society Commons, Legislation Commons, Race and Ethnicity Commons