FAIR USE, SOCIAL PRACTICES, AND THE FUTURE OF COPYRIGHT REFORM

Michael J. Madison, University of PIttsburgh

Forthcoming, Cardozo Arts & Entertainment Law Journal

Abstract

This Essay describes a social practices approach to the production of creative expression, as a construct to guide reform of copyight law. Specifically, it reimagines copyright's fair use doctrine by basing its statutory text explicitly on social practices. It argues that the social practices approach is consistent with the historical development of the fair use doctrine and with the policy goals of copyright law, and that the approach should be recognized in the text of the statute as well as in judicial applications of fair use.