In this Article, I evaluate the copyright doctrine of fair use and the use of injunctions to enforce copyrights in the context of religion in light of the Supreme Court decisions in Employment Division v. Smith and Eldred v. Ashcroft, and in light of the Religious Freedom Restoration Act (RFRA), the Congressional response to Smith. I conclude that religion is a special category such that the religious nature of the work and the religious nature of the use of a work should affect fair use analysis and, where fair use does not protect the use, injunctions should be used sparingly in favor of using the remedy of compulsory license.
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