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Article
Getting to Best Practices - A Personal Voyage around Fair Use
Journal of the Copyright Society of the U.S.A.
  • Peter Jaszi, American University Washington College of Law
Document Type
Article
Publication Date
4-1-2010
Journal

Journal of the Copyright Society of the U.S.A.

Disciplines
Abstract

These days, I view fair use as a central feature of the law around our information ecology - its presence reminding us, from day to day, that there is more to copyright than maximization, and that innovation happens when the doctrinal settings are loose enough to permit a good deal of "play" (literally and figuratively) in the system. But before the mid-1990s I thought little about the fair use doctrine and did less. As I suspect may be true of other copyright lawyers of my generation (and the ones preceding it, I spent most of my professional career taking fair use for granted. I tended to view it as a minor application "running in the background" - occasionally useful, but hardly central to the copyright enterprise.' As a result, I gave it little sustained attention, either as a matter of theory or as one of practice, in my first decades as a practitioner and a teacher.

Citation Information
Peter Jaszi. "Getting to Best Practices - A Personal Voyage around Fair Use" Journal of the Copyright Society of the U.S.A. Vol. 57 Iss. 3 (2010) p. 315 - 329
Available at: http://works.bepress.com/peter_jaszi/52/