In my long, admittedly meandering post of April 18, I asserted that although a traditional understanding of fair use often concerns itself with purpose as perceived through message, the Second Circuit in AWF v. Goldsmith was right to adopt a “message-blind” approach in its opinion reversing the lower court’s finding. I say this despite my personal view that the Warhol ...

If you’ve ever wandered into an independent bookshop or specialty retailer and discovered a rack of socks with fun designs, proclaiming things like “I’m a Delicate Fucking Flower” or “Quiet I’m Introverting,” those are products made by Blue Q, a Pittsfield, MA company whose motto is We just want you to be happy. At the very least, something in their ...

Shortly after the Second Circuit Court of Appeals ruled in Warhol v. Goldsmith, I wandered deep into the tall grass, PJs tucked into my boots, thinking about the fair use analysis in the difficult context of fine art. And then the Supreme Court delivered Justice Breyer’s opinion in Google v. Oracle, which, among other transgressions, broke a cardinal rule by ...

  The Committee for Justice held this panel discussion about the decision in Google v. Oracle. Featuring Adam Mossoff Professor of Law at Antonin Scalia Law School, George Mason University Zvi Rosen Assistant Professor at the Southern Illinois University School of Law, Steven Tepp President & CEO of Sentinel Worldwide, and moderated by Curt Levey, President of the Committee for ...

You wouldn’t think that a state entity would have the right to seize your intellectual property any more than it would have the right to seize other forms of property without due process. But it can. In this podcast, I talk with filmmaker Rick Allen and copyright expert and advocate Kevin Madigan about the challenge that state sovereign immunity poses ...

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