A.V. ex rel. Vanderhye v. iParadigms, LLC: Electronic Databases and the Compartmentalization of Fair Use

 

Jonathan Gingerich, “A.V. ex rel. Vanderhye v. iParadigms, LLC: Electronic Databases and the Compartmentalization of Fair Use,” IDEA: The Intellectual Property Law Review 50 (2010): 345-365. (not peer-reviewed—student-edited law review)

ABSTRACT: In this paper, I summarize the 4th Circuit’s fair use decision in A.V. ex rel. Vanderhye v. iParadigms, LLC and argue that it can best be understood with reference to recent fair use scholarship that argues for an “unbundling of fair uses.” I further argue that iParadigms suggests several modifications to disaggregative accounts of fair use and also serves as a warning that disaggregation cannot altogether overcome the chaos associated with the fair use doctrine. [SSRN] [published version]

 

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