The Stanford Technology Law Review (STLR) strives to present well-rounded analyses of the legal, business, and policy issues that arise at the intersection of intellectual property law, science and technology, and industry. STLR publishes exclusively online, providing timely coverage of emerging issues to its readership base of legal academics and practitioners. 

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Market Harm, Market Help, and Fair Use

by David Fagundes

Judges, commentators, and practitioners alike agree that the final factor of copyright’s four-part statutory fair use defense to copyright infringement requires judges to consider “market harm.” That is, all sources understand this fair use factor to require analysis only of the deleterious economic effects of the defendant’s use on the market for or value of the plaintiff’s work of authorship. Yet this widespread consensus lies at odds with the plain language of the Copyright Act itself, which dictates that fair use analysis requires consideration of all Read more about Market Harm, Market Help, and Fair Use

  • April 20, 2014
  • 17 Stan. Tech. L. Rev. 359