Fair Use as Innovation Policy

Name: Fair Use as Innovation Policy
Cite: 23 Berkley Tech. L.J. 2
Year: 2008
Bluebook cite: Fred von Lohmann, Fair Use as Innovation Policy, 23 Berkley Tech. L.J. 2 (2008).
Author: Fred von Lohmann
URL: http://ssrn.com/abstract=1273385
Item Type: article
Summary: Analyzes Fair Use Doctrine and its contributions to media markets and copyright law, but also to innovation and technology. The author argues that the industry of technology designed for private fair use copying (TiVo, iPods, etc.) plays an important role complementing copyrighted goods. However, the author suggests that this technology is exceeding the bounds of what copyright law anticipates, and new policy needs to be developped that embraces and clarifies the fair use rights of the private copier.

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