Madisonian Fair Use
13 Pages Posted: 25 May 2012
Date Written: May 25, 2012
This short essay reflects on developments in the law, scholarship, and practice of fair use since the publication in 2004 of an earlier article on patterns in fair use practice and adjudication. It synthesizes many of those developments in the idea of “Madisonian” fair use, borrowing the separation of powers metaphor from James Madison’s work on the US Constitution and applying it, lightly and in a preliminary way, to copyright.
Keywords: intellectual property, copyright, fair use, best practices
JEL Classification: K11, O31, O33, O34
Suggested Citation: Suggested Citation