Fair Use and First Amendment: Without Fair Use, What Would You Freely Speak About?

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Pace Intellectual Property, Sports & Entertainment Law Forum, ISSN: 2329-9894, Vol: 8, Issue: 1, Page: 97

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Blaier, Adam
copyright; fair use; free speech; Constitutional Law; Entertainment, Arts, and Sports Law; First Amendment; Intellectual Property Law
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The question this paper tries to answer is: Without fair use, what would you freely speak about? This paper will seek to demonstrate that the Copyright Clause’s Fair Use doctrine, and the First Amendment are cousins who help each other, rather than enemies sworn to destroy each other as some believe. First I will give a brief overview and history of each doctrine. Next I will speak about three areas where I believe fair use and the First Amendment cross paths extensively. These areas are: (1) school/education; (2) social media and news; and (3) sports images/broadcasting. Finally, I will demonstrate how fair use is as important if not more important than the First Amendment for these categories that I have listed.