July 25, 2003
Fair Use as Market Failure or as Public Interest Balancing
Today I read “Fair use and Market Failure: Sony Revisited” by Glynn S Lunney, Jr (which I have not been able to find online. Please tell me if you find it elsewhere.). The author makes a great case for moving away from the market failure focused analysis of fair use and altering the fourth factor (potential impact on market) to make the copyright holder prove more harm. He also makes some more radical suggestions regarding how to change fair use. Not sure I agree with how he changes the test, but I do like his general argument. For another argument of this sort, check out the Dissenting Opinion in that Texaco case I pointed out earlier today
Click here for my notes on the Lunney article.
Filed by Derek Slater at 5:20 pm under Big Ideas
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