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CLE Luncheon April 6, 2004

The presentation provided an historical analysis of the fair use doctrine and its impact on the calculus in copyright infringement litigation. Specifically, the presentation challenged the conventional wisdom on fair use by arguing that, instead of protecting public access to the building blocks of creation and advancing research and criticism, the fair use doctrine has actually enlarged the copyright monopoly and undermined the goals of the federal copyright system as envisioned by the Framers. The presentation concluded with a critique of recent copyright litigation and advocated a renewed emphasis on transformative use in the infringement equation.






 


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