Washington Law Review Volume 90 Number 2 Symposium: Campbell at 21 6-1-2015 Market Effects Bearing on Fair Use Jeanne C. Fromer Follow this and additional works at: https://digitalcommons.law.uw.edu/wlr Part of the Intellectual Property Law Commons Recommended Citation Jeanne C. Fromer, Market Effects Bearing on Fair Use, 90 Wash. L. Rev. 615 (2015). Available at: https://digitalcommons.law.uw.edu/wlr/vol90/iss2/4 This Article is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington Law Review by an authorized editor of UW Law Digital Commons. For more information, please contact
[email protected]. 06 - Fromer.docx (Do Not Delete) 6/3/2015 1:26 PM MARKET EFFECTS BEARING ON FAIR USE Jeanne C. Fromer* Abstract: Copyright law, which promotes the creation of cultural and artistic works by protecting these works from being copied, excuses infringement that is deemed to be a fair use. Whether an otherwise infringing work is a fair use is determined by courts weighing at least four factors, one of which is the effect of the otherwise infringing work on the market for the copyrighted work. The Supreme Court’s decision just over twenty years ago in Campbell v. Acuff-Rose Music, Inc. opened the door to a laudable analytical framework for the bearing of market effects on fair use. First, Campbell supports a more full-bodied investigation of the market effects—both harms and benefits—of defendants’ works on plaintiffs’ copyrighted works.