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 A line of cases focusing on the unpublished character of the copyrighted material appear...

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...