Subotnik Presents at Current Issues in Copyright Colloquium

Today, Tuesday, April 1, Professor Eva Subotnik will be the featured speaker at Columbia Law School’s Current Issues in Copyright colloquium, focusing on the topic of fair use.  Professor Subotnik will be presenting views drawn from her forthcoming article Intent in Fair Use.  An abstract for the article follows:

This Article explores the role of intent in the context of fair use.  Specifically, it examines whether a claim of fair use of a copyrighted work should be assessed solely from an “objectively reasonable” vantage point or should, additionally, allow for evidence from the subjective perspective of the user.  Courts and scholars have largely sided with the former view but have failed to explain fully why this should be the case or whether there might be countervailing benefits to considering evidence of subjective intent.  Crucially overlooked is the possibility that taking the user’s perspective into account would promote copyright’s utilitarian values by stimulating socially beneficial uses that would not otherwise occur.  In addition, formal recognition of the role intent plays in fair use would bring needed transparency to judicial practices in this area.  This Article first develops a framework for evaluating the degree to which courts, parties, and scholars have deemed conscious compliance with fair use principles relevant to the fair use analysis.  It then argues for a limited role for evidence of subjective intent, proposing criteria for when such evidence should, and should not, be weighed in the fair use calculus.

Eva Subotnik

Eva Subotnik

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: