Copy this essay: how fair use doctrine harms free speech and how copying serves it. From: Yale Law Journal | Date: December 1, 2004| Author: Tushnet, Rebecca | COPYRIGHT 2004 Yale University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group.Copyright information

Recent cases and scholarship have debated whether copyright law is consistent with the First Amendment. Much of the discussion has centered on copyright law's ability to suppress transformative, creative reuses of copyrighted works and on copyright's fair use doctrine as a mechanism to protect such transformative uses. This Essay argues that the increasing centrality of transformativeness to fair use has made it easier for copyright owners to control all instances of ordinary copying. Yet p...

Related newspaper, magazine, and journal articles from HighBeam Research

	The thorny path to Thornhill: the origins at equity of the free speech overbreadth doctrine. Yale Law Journal ; ... amp; Mach. Works, 62 S.E. 236, 239 (Ga. 1908); Hotel & R.R. News Co. v. Leventhal, 137 N.E. 534, 537 (Mass. 1922); Plant v. Woods ... limiting it to conduct as alleged in bill); Hotel & R.R. News Co. v. Leventhal, 137 N.E. 534, 537 (Mass. 1922) ( The decree ...
	The First Amendment comes of age: the emergence of free speech in twentieth-century America. Michigan Law Review ; As the number of issues perceived as having First Amendment implication continues to grow, and the coterie of potential beneficiaries of First Amendment protection continues to widen - including not only the traditional oppressed mavericks and despised dissenters but some rich and powerful members
	A robust public debate: realizing free speech in workplace representation elections. Yale Law Journal ; INTRODUCTION The First Amendment stands as a guarantor of political freedom and as the guardian of our democracy. (1) It seeks to expand the vitality of public discourse in order to enable Americans to become aware of the issues before them and to pursue their ends fully and freely. (2) As the
	Eternally Vigilant: Free Speech in the Modern Era.(Book Review) Michigan Law Review ; ETERNALLY VIGILANT: FREE SPEECH IN THE MODERN ERA. Edited by Lee C. Bollinger and Geoffrey R. Stone. Chicago: The University of Chicago Press. 2002. Pp. x, 330. Cloth, $35. Since the First Amendment's inception, Americans have agreed that free expression is foundational to our democratic way of
	The quandary of pro-life free speech: a lesson from the abolitionists.(symposium on abortion) Albany Law Review ; ... political decision and the result was a political compromise. Part of it provides good news for the First Amendment; part of it provides bad news. On the good news side, all nine Justices agreed that at least some parts of the injunction were unconstitutionally ...
	Arrested development: an analysis of the Oregon Supreme Court's free speech jurisprudence in the post-Linde years. Albany Law Review ; INTRODUCTION On January 31, 1990, Justice Hans Linde retired from the Oregon Supreme Court.(1) Already a nationally recognized leader in state constitutional adjudication when first appointed to the court,(2) Linde achieved a level of notoriety as a jurist unrivaled by all but a handful of his
	Injunctive relief in the Internet age: the battle between free speech and trade secrets. Federal Communications Law Journal ; ... airing this footage on 48 Hours, a nighttime news program. Federal Beef Processors sued for ... analogy, however, since the third party was a news reporting agency. Also, the information ... posted this information to an Internet news group. (154) The court balanced the likely ...
	Free Speech Intended To Be Civilized Albuquerque Journal ; Stand by. We intend to do some serious questioning about the future of the free speech portion of the Bill of Rights. Free speech is one of the great hallmarks of America and one of the privileges we are most proud of -- and most willing to fight for. We understand that along with this freedom
	Critics of "free speech" and the uses of the past. Constitutional Commentary ; ... Tiananmen Square, 21 Hastings Const. L.Q. 1 (1993). (101.) Elizabeth Fox-Genovese, Political correctness stifles thought and speech, News Record (Greensboro, N.C.), May 1, 1994, at F1. (102.) Id. (103.) David P. Bryden, Campus Free Speech Fiasco, 2 Minn. Scholar ...
	EDITORIAL: The war against religious free speech.(Editorial) Sun (Lowell, MA) ; ... can be contacted at johnw@rutherford.org. Copyright (c) 2006, The Sun, Lowell, Mass. Distributed by McClatchy-Tribune Business News. For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write ...

See all results.