EFF Dealt Another Blow in Attempt to Strike Down Section 1201 of the Copyright Act
The Electronic Frontier Foundation (EFF) has received another defeat in its long-running lawsuit challenging the constitutionality under the First Amendment of the anti-circumvention and anti-trafficking provisions of section 1201 of […]
Second Circuit Resoundingly Rejects Broad Application of Google v. Oracle
Leading up to the Supreme Court’s Google v. Oracle decision in April, some were hoping for a game-changing outcome that would alter the course of copyright’s fair use doctrine. But […]
Unicolors Case Presents the Supreme Court With an Opportunity to Reinforce the Foundations of the Copyright Registration System
Imagine you’re an author, photographer, or songwriter who creates a website where you begin to post short stories, photos, or songs. You have a general familiarity with copyright law, have […]
Copyright Office’s Busy Summer Includes a Full Slate of Studies and Rulemakings
A steady stream of new study requests from Congress over the last few months, combined with approaching deadlines for ongoing studies and CASE Act implementation activities, means a busy summer […]
Texas Supreme Court Ruling is Further Proof that Congress Must Abrogate Sovereign Immunity
On June 18, the Texas Supreme Court held that a violation of copyright is not an unconstitutional taking of property. The decision stems from a years-long battle by Jim Olive […]
The American Law Institute Proceeds with its Misstatement of Copyright Project
Next week, sections of the American Law Institute’s (ALI) Copyright Restatement will be offered for approval for the first time at the ALI’s annual membership meeting. If approved by the […]
Preempted Copyright Legislation on the Move in Several States
Earlier this year, New York state legislators introduced a bill (S2890, and its companion A5837-B) which would purport to create a compulsory license, requiring book publishers to offer licenses to […]
What the Legal Community is Saying About the Google v. Oracle Decision
On April 5, the Supreme Court published its decision in Google v. Oracle, a case that many expected to make a substantial impact in copyright law, specifically in how software […]
The One Saving Grace of Google v. Oracle Might be Its Limited Applicability
On April 5, the Supreme Court handed down its long-awaited decision in Google v. Oracle, finding that Google’s use of parts of Oracle’s API software code (referred to as “declaring […]
Significant Second Circuit Fair Use Decision Clarifies Transformative Use Analysis
On March 26, 2021, the Second Circuit Court of Appeals in The Andy Warhol Foundation v Goldsmith held that Warhol’s mid-1980s silkscreen portraits of the artist Prince, which were based on […]