Fair Use
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Courts
Elena Kagan Uses Footnote To Unleash Surprise Sotomayor Diss Track
All right, let's not say anything in the U.S. Reports that we'll regret in the morning. -
Courts
Book Bans Aren't The Only Legal Hurdle To Book Access These Days
It is hard enough to read as it is. - Sponsored
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Intellectual Property
A Copy Is A Copy Even If Warhol Is The Copyist
The Second Circuit tidies up its copyright fair use jurisprudence.
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Intellectual Property, Sports
Publication Fights Back With Fair Use In Caroline Wozniacki Copyright Case
The memorandum filed by the defendant includes an interesting discussion on bad faith. -
Technology
EU Joins In The Bullying Of South Africa For Daring To Adopt US-Style Fair Use Principles
The intellectual property regime continues to crack down on reasonability. -
Intellectual Property
Unfair Use, Revisited (Again): Google, Oracle, And The ‘Copyright Case Of The Decade’
The case is definitely worth watching, and how SCOTUS will rule is anyone’s guess. -
Intellectual Property
Unfair Use, Revisited: Why SCOTUS Should Review Copyrightability And Fair Use Of APIs In Google v. Oracle
This issue is far from settled, and SCOTUS review is the last resort to clarify the matter. -
Non-Sequiturs
Non Sequiturs: 04.28.19
* Adam Feldman poses — and answers — an interesting question: are particular justices more or less partial to certain lawyers’ or law firms’ positions? [Empirical SCOTUS]
* Speaking of the federal judiciary, Carrie Severino offers this helpful scorecard of President Donald Trump’s track record on judicial appointments — which underscores, as she notes, the importance of the 2020 elections. [Bench Memos / National Review]
* And speaking of President Trump, Joshua Matz and Laurence Tribe have this excellent explanation of why the Supreme Court does not have a role in adjudicating impeachments. [Take Care]
* In the wake of the Mueller Report, Ilya Somin pushes back against conventional wisdom and takes this position: “Not all foreign interference in elections is unjustified. Far from it, in fact.” [Volokh Conspiracy / Reason]
* Fair use in the copyright context is an infamously amorphous concept — so the Fourth Circuit’s recent ruling in Brammer v. Violent Hues Productions deserves your attention. [All Rights Reserved]
* Congratulations to Westlaw Edge, voted the “best new analytics product” by the readers of Dewey B Strategic. [Dewey B Strategic]
* And congrats to Kira Systems on being picked by Bryan Cave Leighton Paisner as its AI solution for “high-volume workstreams” across the firm. [Artificial Lawyer]
* If you’re a libertarian-leaning lawyer with two to six years of experience under your belt, check out these great employment opportunities over at IJ. [Institute for Justice via Volokh Conspiracy / Reason]
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Intellectual Property
Walking The Line: 3 Considerations When Policing Third-Party Fair Use Of Trademarks
Policing third-party use of trademarks requires a rational approach infused with a good dose of diligence and patience. -
Copyright
The Tyranny of Fair Use (Part III): A Judge's Critique, Explosive Data, and One Sad Saga
The increasingly muddy morass of the “fair use” doctrine. -
Intellectual Property
Raindrops On Roses And Whiskers On Kittens . . . And A Few Of My Favorite Fair Use Things We Enjoy Every Day
The next time you use a search engine, enjoy parody, share a meme, or read the news, give thanks for fair use. -
Intellectual Property
The Tyranny Of Fair Use (Part II): One Person's Outsized Impact On Copyright Law
Fair use in copyright wasn't always so 'transformative' until this law review article was published. -
Copyright
The Tyranny Of Fair Use: How A Once-Humble Copyright Doctrine Tormented A Generation Of Litigants
We have strayed far afield from the doctrine’s genesis.
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Intellectual Property
Foto Fair Use Defense Rejected In Fortune Mag Copyright Spat
A rare look at a court’s application of the fair use defense in the context of an online photography case. -
Intellectual Property
What We’ve Learned From A Decade-Long Copyright Case -- And It’s Still Not Over
After watching a decade of litigation in this case, what lessons have been learned? -
Intellectual Property
Richard Prince: Thief, Appropriation Artist, Or Performance Artist?
Not surprisingly, he’s now embroiled in another copyright infringement suit again involving appropriation art. -
Intellectual Property
HBO Wins Copyright Infringement Case Over Graffiti Artist Relying On The De Minimis Copyright Exception
Copying is not just for 'pirates,' it’s a basic necessity in the creation of culture and innovation. -
Intellectual Property
The Eyes Have Had It: How The Second Circuit Addressed Its Copyright Fair Use Problem
Is transformative use really fair use under the Copyright Act? -
Intellectual Property
MLK Actually Wasn't A Fan Of Chrysler, And Fair Use Makes This Super Bowl Ad 50 Times Better
Here’s to hoping that next year’s Super Bowl commercials stay away from using icons like MLK to sell their wares. -
Intellectual Property
It's A Wrap: What To Expect From The Copyright Wars In 2018
Here’s hoping that 2018 will be a year of creation, collaboration, and lawful monetization.