Document Type
Article
Publication Date
2007
ISSN
0042-1448
Publisher
University of Utah College of Law
Language
en-US
Abstract
Under provocative titles like "Fared Use"1 and "The End of Friction,"2 commentators argue about whether or not the copyright doctrine of fair use3 should exist in a world of instantaneous transactions. As collecting societies such as the Copyright Clearance Center have become more powerful, and technologies like cellular phones and the internet have made it possible to purchase digital copies by dialing a number or clicking a mouse, the suggestion is sometimes made that fair use could or should disappear. The Second and Sixth Circuits have flirted with foreclosing fair use if a licensing market is present or possible.4 The presence of "traditional, reasonable, or likely to be developed markets," they say, counts heavily against fair use.5 The only exception, a later decision suggests, might lie in the ill-defined category of transformative uses.6 For exact copies, it seems, the presence of a licensing mechanism might be fatal to fair use.7 This is a dangerous direction for copyright law.8
Recommended Citation
Wendy J. Gordon & Daniel Bahls,
The Public's Right to Fair Use: Amending Section 107 to Avoid the 'Fared Use' Fallacy
,
in
2007
Utah Law Review
619
(2007).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/2045
Comments
Symposium on Fixing Copyright