Madisonian Fair Use

13 Pages Posted: 25 May 2012

See all articles by Michael J. Madison

Michael J. Madison

University of Pittsburgh - School of Law

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

Madison, Michael J., Madisonian Fair Use (May 25, 2012). Cardozo Arts & Entertainment Law Journal, Vol. 30, No. 39, p. 101, 2012, U. of Pittsburgh Legal Studies Research Paper No. 2012-15, Available at SSRN:

Michael J. Madison (Contact Author)

University of Pittsburgh - School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States
412-648-7855 (Phone)
412-648-2648 (Fax)

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