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The Odd Couple: Postmodern Culture and Copyright Law  

11 Media L. & Pol’y 12 (2002).

The Court’s decision in Castle Rock Entertainment v. Carol Publishing Group, Inc. to refuse to accept the view that citizens in a postmodern society create their “own reality” has “constricted the artist’s ability to write bout and disseminate what he views as facts. However, applying postmodern principles to the fair use exception and copyright law, many works would cease to infringe upon copyright holder’s rights, clearing the way for popular artists to continue their art. Refusing to accept this principle will result in stifling the creativity the copyright law was intended to encourage.

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