The flexibility that Congress infused into fair use allows it to be restructured and adapted for the unpredictable scope of future needs. That flexibility also can lead to narrow interpretations of the law. A line of cases focusing on the unpublished character of the copyrighted material appear...

Museums face steady demand for images of artworks from their collections, and they typically provide a service of making and delivering high-resolution images of art. The images are often intellectually essential for scholarly study and teaching, and they are sometimes economically valuable for...

Through the last few decades, Congress has rendered much of the law of copyright duration a confusing and chaotic patchwork of rules that are often irreconcilable and simply unworkable. One can learn the rules, of course, but the rules often depend on multiple variables and facts that are...

Many museums and art libraries have digitized their collections of artworks. Digital imaging capabilities represent a significant development in the academic study of art, and they enhance the availability of art images to the public at large. The possible uses of these images are likewise...