ABSTRACT
This paper offers a wholly novel framework for fair-use market-harm analysis by weaving together three foundational doctrines. It begins with tort-law causation, which ensures that legal responsibility aligns with moral intuition and practical fairness by tracing liability only to those actions that both factually cause harm and foreseeably produce it.
Hardman, Benjamin, Torts, Tech, and Third Parties: Applying Causation Principles and Secondary-Liability Safe-Harbor Logic to Fair Use Factor Four (May 10, 2025).
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