Rewriting Fair Use and the Future of Copyright Reform

29 Pages Posted: 20 Jun 2008

See all articles by Michael J. Madison

Michael J. Madison

University of Pittsburgh - School of Law


This Essay describes a social practices approach to the production of creative expression, as a construct to guide reform of copyright law. Specifically, it reimagines copyright's fair use doctrine by basing its statutory text explicitly on social practices. It argues that the social practices approach is consistent with the historical development of the fair use doctrine and with the policy goals of copyright law, and that the approach should be recognized in the text of the statute as well as in judicial applications of fair use.

Keywords: fair use, social practices, copyright

Suggested Citation

Madison, Michael J., Rewriting Fair Use and the Future of Copyright Reform. Cardozo Arts & Entertainment Law Journal, Vol. 23, No. 2, p. 391, 2005, U. of Pittsburgh Legal Studies Research Paper Series, Available at SSRN:

Michael J. Madison (Contact Author)

University of Pittsburgh - School of Law ( email )

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United States
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