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Author: Amy Lai

Copyright Law and Its Parody Defense: Multiple Legal Perspectives

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By Amy Lai*

A PDF version of this article may be downloaded here.

Introduction: Three Copyright Disputes
I. Copyright Law: The Problematic Parody/Satire Dichotomy
A. Fair Use, Parody, and Satire
B. Rethinking “Parodies”
II. Natural Law Theories: The Copyright-Liberty Conflict
A. Locke, Property, and Copyright
B. Rawls, Basic Liberty, and Creativity
III. Feminist Legal Theories: “Relational Author” and Transformative Works
A. Relational Feminism and Authorship
B. “Connection,” Other Feminists’ Support, and Implications
IV. Law and Economics: Flawed Models and New Directions
A. Intuitive Cost-Benefit Analysis vs Efficiency Principles
B. Wealth Maximization and Its Flawed Assumptions
C. Fair-Use Test and Its New Emphases
V. Legal Realism: Copyright Law in Action
A. Salinger’s Victory and Literary Experts’ Opinion
B. Imagining Beastie Boys v. GoldieBlox
Conclusion: Two Literary Concepts and One Logos
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Amy Lai May 4, 2015 JIPEL Vol. 4 - No. 2
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