Law & Humanities Blog: Semiotics, Law, and Copyright

Semiotics, Law, and

H. Brian Holland, Texas Wesleyan School of Law, is publishing Social Semiotics in the Fair Use Analysis in a forthcoming issue of the Harvard Journal of Law and Technology. Here is the abstract.

This article presents an argument for an expansion of , based not on theories of authorship or rights of autonomy but rather on a theory of the audience linked to social practice. The article asks, in essence, whether audiences determine the meaning, purpose, function, or social benefit of an allegedly infringing work, often regardless of what the work’s creator did or intended. If so, does this matter for the purpose of a analysis based on a claim of transformativeness?

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