In Print: Volume 85: Number 5
Copyright Harm, Foreseeability, and Fair Use
By Christina Bohannan
85 Wash. U. L. Rev. (2008)
(PDF)
Copyright law needs a theory of harm that can give effect to its constitutional purpose. The Patent and Copyright Clause of the U.S. Constitution gives Congress the power to enact federal copyright law “To Promote the Progress of Science and useful Arts.” In order to achieve this objective, copyright law must balance the rights of owners and users. Copyrights must be broad enough to give authors sufficient incentive to create, yet limited enough to allow others to use and build upon those works.
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