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 ...
VidAngel. TVEyes. ReDigi. Copyright interests might view these enterprises as the unholy trinity of tech ventures that have attempted in recent years to strain statutory limitations to such extremes that their interpretations would actually vitiate copyright protection itself. In August of 2017, the Ninth Circuit denied VidAngel’s crusade to push the fair use doctrine beyond any meaningful scope; in ...
In Monday’s post (and quite a few others) I stated that certain parties have worked very hard to distort the character of the fair use doctrine until it no longer has any boundaries or meaning, and simply nullifies copyright’s protections. For the last two years, every time I’ve made that accusation, the case foremost in mind has been TVEyes v. ...
