Abstract

In this Article, Professor Bilder explores the relation between the legal law of biography and the literary theory of biography, focusing specifically on the use of unpublished materials in written biographies. Professor Bilder examines the legal constraints of biography and suggests a normative vision of biography that should be protected and encouraged by law and society. Professor Bilder critiques the preliminary fair use solutions suggested by legal commentary and congressional action and sketches a different analysis, not involving fair use, which might foster normative biography and nurture a culture of questioning.