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LIRA@BC Law

Abstract

The Article argues that quotations of copyrighted material used as "fact" should be protected. The Article explores the relation between the legal law of biography and the literary theory of biography, focusing specifically on the use of unpublished materials in written biographies. The Article surveys the assumptions underlying copyright, fair use, and privacy doctrines. The Article critiques fair use solutions suggested by legal commentary and congressional action and sketches a different analysis, not involving fair use. The "fact use" proposal would shift the burden from proving "fair use" to proving that the quotations were not used as "facts."

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File nameDate UploadedVisibilityFile size
The_Shrinking_Back__The_Law_of_Biography.pdf
7 Sep 2022
Public
3.75 MB

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Metadata

  • Subject
    • Intellectual Property Law

    • Law and Society

    • Legal Biography

    • Legal Writing and Research

  • Journal title
    • Stanford Law Review

  • Volume
    • 43

  • Pagination
    • 299-360

  • Date submitted

    7 September 2022

  • Keywords