The Yale Law Journal

Rebecca Tushnet


Copy This Essay: How Fair Use Doctrine Harms Free Speech and How Copying Serves It

Rebecca Tushnet

114 Yale L.J. 535 (2004)

Recent cases and scholarship have debated whether copyright law is consistent with the First Amendment. Much of the discussion has centered on copyright law's ability to suppress transformative, creative reuses of copyrighted works and on copyright's fair use doctrine as a m…