Intellectual Property
Jul. 24, 2012
In fair use analysis, market harm is not merely academic
The publishing industry in May received a harsh lesson in the unpredictability of copyright law's fair use doctrine in an academic setting.
Andrew J. Thomas
Partner, Jenner & Block LLP
Phone: (213) 239-5100
Email: ajthomas@jenner.com
Harvard Univ Law School; Cambridge MA
Andrew represents content owners in copyright, trademark and First Amendment matters. CONTENT MATTERS is a monthly column devoted to matters of interest to those who create content of all kinds (entertainment, news, software, advertising, etc.) and bring that content to market. Our hope is to shed light on key issues facing the creative content community. If you have questions, comments or topic ideas, let us know. Because content matters.
CONTENT MATTERS
The publishing industry in May received a harsh lesson in the unpredictability of copyright law's fair use doctrine in an academic setting, as well as a timely reminder that the fair use inquiry into potential market harm continues to be the most important part of the analysis in many circumstances.
In Cambridge University Press v. Becker, the U.S. District Court for the Northern District of Georgia held that a ...For only $95 a month (the price of 2 article purchases)
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