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.
Book Bans Aren’t The Only Legal Hurdle To Book Access These Days
It is hard enough to read as it is.
Gen AI: Your Legal Research Assistant, Not Your Replacement
Here's how you can spend more time practicing law, and less time sorting, sifting, and summarizing.
A Copy Is A Copy Even If Warhol Is The Copyist
The Second Circuit tidies up its copyright fair use jurisprudence.
Publication Fights Back With Fair Use In Caroline Wozniacki Copyright Case
The memorandum filed by the defendant includes an interesting discussion on bad faith.
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.
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.
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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: 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]
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.
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.
The Fifth-Year Dilemma: Do I Stay Or Do I Go (In-House)?
How to make the right decision, and why there might be another way to shape a fulfilling legal career on your own terms.
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.
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.
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.
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.
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?