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 ...
Once the die was cast (i.e. after oral arguments) in Google v. Oracle, I don’t think I was alone in feeling that if the Supreme Court held that the computer code at issue in this case was not properly a subject of copyright protection, that would be an acceptably narrow decision, even though many might disagree with it as a ...
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 ...
