Remember all the noise coming from anti-copyright groups leading up to passage of the CASE Act? According to the EFF, Public Knowledge, Fight for the Future, the usual assortment of anti-copyright academics, and Senator Ron Wyden, the copyright small claim alternative would open the floodgates for abusive claims. They predicted CASE would be the ideal venue for “copyright trolls,” and ...

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 ...

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