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dc.contributor Tushnet, Rebecca 2015-07-06T17:21:03Z 2015-07-06T17:21:03Z 2015-06
dc.identifier.citation 90 Wash. L. Rev. 869 (2015) en_US
dc.identifier.issn 0043-0617
dc.description Volume 90, Number 2, June 2015 en_US
dc.description.abstract Rebecca Tushnet, Professor, Georgetown Law; co-founder, Organization for Transformative Works Abstract: Most debates about the proper meaning of “transformativeness” in fair use are really about a larger shift towards more robust fair use. Part I of this short Article explores the copyright-restrictionist turn towards defending fair use, whereas in the past critics of copyright’s broad scope were more likely to argue that fair use was too fragile to protect free speech and creativity in the digital age. Part II looks at some of the major cases supporting that rhetorical and political shift. Although it hasn’t broken decisively with the past, current case law makes more salient the freedoms many types of uses and users have to proceed without copyright owners’ authorization. Part III discusses some of the strongest critics of liberal fair use interpretations, especially their arguments that transformative “purpose” is an illegitimate category. Part IV looks towards the future, suggesting that broad understandings of transformativeness are here to stay. 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 [90WashLRev0869] Content, Purpose, or Both? en_US
dc.title.alternative Content, Purpose, or Both? en_US
dc.type Article en_US
dc.rights.holder Copyright 2015 by Washington Law Review Association. en_US

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