"Making Sense of Fair Use"

Neil W. Netanel, Pete Kameron Endowed Chair in Law at the UCLA School of Law, has self-archived "Making Sense of Fair Use" in SSRN.

Here's an excerpt:

Specifically, the Article traces the rise to prominence of the transformative use paradigm, as adopted by the Supreme Court in Campbell v. Acuff-Rose, over the market-centered paradigm of Harper & Row v. The Nation and its progeny. The Article presents data showing that since 2005 the transformative use paradigm has come overwhelmingly to dominate fair use doctrine, bringing to fruition a shift towards the transformative use doctrine that began a decade earlier. The Article also finds a dramatic increase in defendant win rates on fair use that correlates with the courts' embrace of the transformative use doctrine.

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