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Is That All There Is? Reflections on the Nature of the Second Fair Use Factor
| Content Provider | Semantic Scholar |
|---|---|
| Author | Kasunic, Robert |
| Copyright Year | 2008 |
| Abstract | Since Justice Story articulated the fair use inquir y in the seminal decision of Folsom v. Marsh , courts have struggled with understanding the prop er role of the fair use factors within the overall fair use inquir y. The codification of the four factors in section 107 of the 1976 Copyright Act di d little to clarify the overall analysis, and the four Supreme Court fair use decis ions since the 1976 Act have, in many ways, created more confusion than enlightenmen t. The inconsistency in the application of the factors has led one scholar to n ote that Congress might have generated a comparable level of predictability by r equiring the use of a dart board for the resolution of fair use questions. 3 |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | http://www.kasunic.com/Articles/CJLA%20Kasunic%20Final%202008.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
