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What's the Harm? The State of the Fourth Fair Use Factor

CSUSA Midwinter Meeting

February 10, 2022
2:00-3:00pm EDT

Lindsay Edelstein will be moderating the panel, "What's the Harm? The State of the Fourth Fair Use Factor," on February 10, 2022 as part of the Copyright Society of the USA's Midwinter Meeting. The Copyright Society's 2022 Midwinter Meeting will take place virtually on February 8th-11th. 

"What's the Harm? The State of the Fourth Fair Use Factor"
February 10, 2022
2:00-3:00pm EDT

Coined “the single most important element of fair use,” the fourth statutory factor – “the effect of the use upon the market for or value of the copyrighted work” – is often overshadowed by the transformative use analysis under the first factor.  The past few years, however, have brought renewed attention to the fourth factor, and the various types of “market harm” to be considered in this context.  

Does a broad or narrow interpretation of “market harm” further the purposes of the Copyright Act, and have recent decisions, including Dr. Seuss v. ComicMixGoogle v. Oracle, and Warhol v. Goldsmith, provide clarity on the inquiry or just further complicate the already-perplexing fair use doctrine?  Join our panel of experts as they discuss these questions and other issues related to the fourth fair use factor. 


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