Copyright Infringement and Fair Use on Social Media (Self-Study)


Despite its longstanding history, it has always been difficult to predict how courts would apply the Doctrine of Fair Use.  The doctrine was created to strike a balance between the copyright holder’s interest and that of the public.  Courts intentionally allow for an ambiguous definition with only general guidelines.  A bright line rule would interfere with the freedom of speech the doctrine is meant to protect. As with most areas of law, technology has further complicated the application of fair use.  Social media has become such a large part of our lives, it is usually the first and last thing we expose ourselves to in daily life.  Has our use of social media platforms inadvertently expanded the traditional limits of the doctrine of fair use?

In this course, we will review the general principles as well as the case specific decisions we have to guide us.

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