Cathay Smith on Fair Use & the Right of Integrity
In this episode, Cathay Y. N. Smith, Associate Professor of Law at the University of Montana Blewett School of Law, discusses her article "Creative Destruction: Copyright's Fair Use Doctrine and the Moral Right of Integrity," which is published in the Pepperdine Law Review. Smith begins by explaining the origins of the moral right of integrity in the Berne Convention, and its introduction into United States copyright law via the Visual Artists Rights Act of 1990. She identifies a tension between the right of integrity and the right of fair use. And she explains how that tension can be resolved, depending on how a particular work is used. Smith is on Twitter at @CathaySmith.