Professor Pamela Samuelson’s Article on Fair Use Law Earns Top Intellectual Property Honor

Professor Pamela Samuelson has once again been honored for her outstanding contributions to intellectual property scholarship. Her 2025 article, "Justification for Fair Uses," published in the Wisconsin Law Review, has been selected as one of the best intellectual property papers of the year. The article will be featured in the upcoming edition of the Intellectual Property Law Review, an annual publication by Thomson Reuters.

This recognition marks the seventh occasion that one of Samuelson’s articles has been included among the top intellectual property scholarship selections. Her work continues to influence legal understanding and discourse in the field.

In "Justification for Fair Uses," Samuelson provides a detailed analysis of the U.S. Supreme Court’s 2023 ruling in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith. The case addressed critical issues surrounding the fair use defense in copyright law.

Samuelson argues that the Warhol decision upheld the foundational standards for evaluating fair use defenses originally articulated by the Supreme Court in its landmark 1984 decision Campbell v. Acuff-Rose Music, Inc. She emphasizes that the Warhol ruling did not discard or diminish the extensive body of fair use case law developed before and after Campbell.

"Contrary to what some have mistakenly asserted, nothing in Warhol abjures the rich body of fair use case law, both before and after Campbell, that has recognized many types of fair use justifications," Samuelson writes.

Her article clarifies misconceptions about the Warhol decision and reinforces the continuity and robustness of fair use jurisprudence in the United States.

Samuelson’s scholarship remains a vital resource for legal practitioners, scholars, and policymakers navigating the complexities of intellectual property law, particularly in the evolving landscape of copyright fair use.

The Intellectual Property Law Review’s annual selection highlights the most impactful and insightful legal scholarship in the IP field, underscoring Samuelson’s enduring influence and expertise.