Although this week marks the eighth annual observation of Fair Use Week, I remain unconvinced that the fair use doctrine is any better understood today than it was before this ritual began. I see fair use errors all the time—e.g. in chat threads where creators are trying to do the right thing—and I maintain that it is often the fair ...

As the Biden administration seeks to restore normalcy in American governance—from constitutional legality to ordinary decency to an actual response to the COVID crisis—it is little surprise to see officials from the Obama administration return to Washington. But as we emerge from the political and emotional rubble, the new administration should recognize and reject one of the major errors made ...

It is admittedly difficult, maybe even a bit ridiculous, to think about a policy matter as arcane as copyright law when the headline story of the moment is an attempted coup d’etat—let alone one fomented by the President of the United States and endorsed by some Members of Congress. But against the backdrop of existential threat from within, I am ...

As has been widely reported, the law called Section 230 of the Communications Decency Act (1996) has featured in a political cacophony that has been becoming more ridiculous since the day Twitter first presumed to label Trump’s disinformation for what it was, and which has continued to exacerbate legislative dysfunction down to the final hours in this toxic year. After ...

As with the CASE Act, anti-copyright (and even some copyright-neutral) voices reacted on social media to the fact that a bill called the Protecting Lawful Streaming Act (PLSA) was attached to the massive omnibus spending package that passed Congress last night.  What this bill will do is make enterprise-scale criminal copyright infringement, by means of digital streaming, a felony rather ...

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