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Copyright and Time: A Proposal

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dc.contributor.author Liu, Joseph P.
dc.date.accessioned 2010-09-13T18:52:40Z
dc.date.available 2010-09-13T18:52:40Z
dc.date.issued 2002 en_US
dc.identifier.uri https://hdl.handle.net/10535/6291
dc.description.abstract "This article argues that courts should adjust the scope of copyright protection by considering time as a factor in fair use analysis. More specifically, the longer it has been since a copyrighted work was published, the greater the scope of fair use should be. Up to now, most of the debate over the role of time in copyright law has focussed on the controversial issue of copyright duration and term extension. By focusing so narrowly on the end of the copyright term, however, this debate has neglected the more significant issue of how time should affect the scope of the copyright protection during the copyright term. This article argues that exceptionally strong justifications exist for considering time expressly in setting the scope of copyright protection, and that fair use provides an ideal vehicle for such consideration, both doctrinally and theoretically. By considering time in fair use analysis, courts can adjust the scope of copyright protection to respond more dynamically to the changes that occur in authorial incentives, public access, and other copyright interests over the length of the copyright term. Consideration of time also provides a legitimate way for courts to inject public-regarding values into the process of setting the scope of copyright protection." en_US
dc.language English en_US
dc.subject copyright en_US
dc.subject fairness en_US
dc.subject public domain en_US
dc.subject intellectual property rights en_US
dc.title Copyright and Time: A Proposal en_US
dc.type Journal Article en_US
dc.type.published published en_US
dc.type.methodology Commentory en_US
dc.subject.sector Information & Knowledge en_US
dc.identifier.citationjournal Michigan Law Review en_US
dc.identifier.citationvolume 101 en_US
dc.identifier.citationnumber 2 en_US

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