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date: 05 March 2021

Abstract and Keywords

This article is concerned with the copyright and fair use of motion pictures. It first looks at the copyright discipline in motion pictures, and states that most of the copyright litigation surrounding motion pictures are connected to the debates of the misuse of content or imagery from one motion picture to another. The discussion in this article then focuses on the legal implications of another set of practices that are characteristic of motion picture production, namely the “over-appropriation of the real.” It also tries to show how copyright problems arise, and how the doctrine of fair use can help solve them.

Keywords: copyright discipline, fair use, motion pictures, legal implications, over-appropriation of the real, copyright problems

Peter Jaszi

Peter Jaszi teaches at the Washington College of Law of American University in Washington, D.C., where he also directs the Glushko-Samuelson Intellectual Property Law Clinic. He specializes in domestic and international copyright law. In 1994, he was a member of the Library of Congress Advisory Commission on Copyright Registration and Deposit. He is a trustee of the Copyright Society of the U.S.A. and a member of the editorial board of its journal. Since 1995 he has been active in the Digital Future Coalition, which he helped to organize. Alone and with Martha Woodmansee, he has written several articles on copyright history and theory; together they edited The Construction of Authorship (1994).

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