The Shrinking Back: The Law of Biography
Mary Sarah Bilder
Boston College - Law School
February 8, 2011
Stanford Law Review, Vol. 43, pp. 299-360, 1991
Boston College Law School Research Paper No. 1991-02
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relation between the legal law of biography and the literary theory of biography, focusing specifically on the use of unpublished materials in written biographies.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."
Number of Pages in PDF File: 63
Keywords: law of biography, literary theory of biography, fair use, normative biographyAccepted Paper Series
Date posted: July 14, 2006 ; Last revised: February 10, 2011
© 2013 Social Science Electronic Publishing, Inc. All Rights Reserved.
This page was processed by apollo7 in 0.313 seconds