Reading list: Pam Samuelson on bottom-up and top-down theories of fair use

Pamela Samuelson, The Relative Virtues of Bottom-Up and Top-Down Theories of Fair Use

A Response to Abraham Bell and Gideon Parchomovsky, The Dual-Grant Theory of Fair Use,

83 U Chi L Rev 1051 (2016).

Abstract: This Essay explains why I think that Dual-Grant takes an unduly narrow view of the work that fair use does and should do in US copyright law, is blatantly inconsistent with existing case law in more ways than it acknowledges, fails to recognize important values found in many fair use cases, and would, if followed, have the unintended consequence of making fair use more unpredictable and incoherent than it is now.