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Intellectual Property |
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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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