Abstract
This Essay uses a personal anecdote to highlight a gap in current copyright law. Under current copyright doctrine, companies sued for direct copyright infringement are not generally able to assert the fair use arguments of their customers. Thus, for example, a photocopy shop sued for assembling course packs cannot argue that it is facilitating the fair use privileges of its student customers. This Essay argues that this approach is mistaken because it fails to take adequate account of the important role companies can play in practically enabling the fair use privileges of their customers. To fill this gap, this Essay proposes that copyright law recognize a new defense of fair use enablement.
Files
Metadata
- Subject
Intellectual Property Law
Law and Economics
Law and Society
- Journal title
Journal of Copyright Society of the U.S.A.
- Volume
57
- Issue
3
- Pagination
423-446
- Date submitted
6 September 2022
- Keywords