Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog
OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Academic
: Legal Theory BlogSnow on Fair Use
By Lawrence Solum
ADVERTISEMENTS
Ned Snow (University of Arkansas at Fayetteville - School of Law) has posted Untangling Fair Use as a Matter of Law on SSRN. Here is the abstract:-
Fair use is an issue of fact for the jury. Or at least it should be. Recently courts have been perverting the centuries-old practice of treating fair use as a factual issue. Courts must therefore repent: they must return to construing the issue as factual. Yet even if they do, the question remains whether courts should ever decide fair use as a matter of law. To answer this question, this Article examines whether appellate courts should ever review fair use decisions under a de novo standard. It also examines whether trial courts should ever decide fair use on summary judgment. The Article concludes that the speech nature of fair use necessitates deciding the issue as a matter of law in certain circumstances: appellate courts should review constitutional findings under a de novo standard, but only where a bench trial occurs or where a jury verdict favors the copyright holder; trial courts should rule on summary judgment, but only for fair users. In short, ruling as a matter of law must serve the speech-protective function of fair use. Fair use as a matter of law must favor fair users.
Full post as published by Legal Theory Blog on August 21, 2010 (boomark / email).
Related Law Articles
Fair Housing Act
Prevent discrimination by landlords
Lawsuits and Settlements
UPS Faces Fair Labor Wages Class Action
UPS Faces Fair Labor Wages Class Action
Northwestern Mutual
Faces $200 Million Fair Labor Class Action
Disability Access
Developers pay $175,000 settlement for failing to comply with the Fair Housing Act.
Related Searches
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.

A Snow Removal Expert Comments on Snow Removal Costs
DUI suspect drives into snow plow in KC, police say
Winter Driving Tips from the New York Accident Lawyer
The Case for Snow-Control Legislation







