[Air-L] Help with sources

[Brian Holland]

A long-time lurker to this point and, as a law prof, feeling like a bit of an outsider, so I'm sorry if this is a bit misplaced ...

Background: I am writing an article arguing that images posted to SMS sites should, in some cases, be protected from copyright claims via fair use. In essence, I am arguing that such use is "transformative" (and thus protected by fair use) because it serves a purpose distinct from the original; i.e., originally news, aesthetic, etc., now as markers in offloaded and/or transactive memory.

Issue I'm having: I am familiar with the extensive writing about issues attendant to the sharing function of these websites (and I address this to an extent by linking memory to identity), but I can't find much of anything in the legal literature on the archiving or repository function (except re: issues of privacy, post-death protection, evidence, etc., which aren't really on point for my focus on the social and psychological aspects).

Request: Can anyone steer me towards literature that I might find helpful?

Thanks in advance, and my apologies if this is off track for the list.

Brian

H. Brian Holland
Professor of Law
Texas Wesleyan School of Law