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[90WashLRev0755] How Much Is Too Much?: Campbell and the Third Fair Use Factor

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dc.contributor.author Reese, R. Anthony
dc.date.accessioned 2015-07-06T17:17:20Z
dc.date.available 2015-07-06T17:17:20Z
dc.date.issued 2015-06
dc.identifier.citation 90 Wash. L. Rev. 755 (2015) en_US
dc.identifier.issn 0043-0617
dc.identifier.uri http://hdl.handle.net/1773.1/1463
dc.description Volume 90, Number 2, June 2015 en_US
dc.description.abstract R. Anthony Reese, Chancellor’s Professor, School of Law, University of California, Irvine. Abstract: The Supreme Court’s decision in Campbell v. Acuff-Rose Music, Inc. is probably best known for articulating the importance of transformativeness in analyzing fair use claims. The opinion gave less-noticed but important guidance on the third statutory fair use factor, which looks at the amount and substantiality of the portion of the plaintiff’s copyrighted work that the defendant used. Campbell explained that courts should evaluate this factor by inquiring whether the amount the defendant used was reasonable in light of her purpose. This Article examines the appellate fair use decisions since Campbell to investigate whether and how lower courts have used Campbell’s reasonableness approach. The Article pays particular attention to cases in which the defendant claiming fair use has used the plaintiff’s entire work, including in ways only recently made possible by new technologies. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Law Review, University of Washington School of Law en_US
dc.subject Article en_US
dc.subject Symposium: Campbell at 21 en_US
dc.title [90WashLRev0755] How Much Is Too Much?: Campbell and the Third Fair Use Factor en_US
dc.title.alternative How Much Is Too Much?: Campbell and the Third Fair Use Factor en_US
dc.type Article en_US
dc.rights.holder Copyright 2015 by R. Anthony Reese. en_US

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