Audible has now filed its response to the publishers’ request for a preliminary injunction—twice. It filed the exact same brief to argue that it shouldn’t be preliminarily enjoined (Dkt. 34) […]
[Archived Post] Audible’s Planned Caption Service is Not Fair Use
Late last month, a group of publishers filed a complaint against Audible in the Southern District of New York asking the court to enjoin the audiobook distributor’s launch of a […]
[Archived Post] Arts & Entertainment Advocacy Clinic Students File Amicus Brief in Brammer v. Violent Hues
By Rachelle Mortimer & Grant Ossler* The Arts & Entertainment Advocacy Clinic at Antonin Scalia Law School recently filed an amicus brief in the Brammer v. Violent Hues case that […]
[Archived Post] CPIP’s Sandra Aistars & Scalia Law Alumnae Urge Federal Circuit to Protect Creators and Rein In Fair Use in Oracle v. Google
On February 17, 2017, CPIP Senior Scholar Sandra Aistars filed an amicus brief in Oracle v. Google, a copyright case currently before the Federal Circuit. Prof. Aistars worked in conjunction […]
[Archived Post] Shaping Fair Use to Promote Fair Markets
By Bhamati Viswanathan How does fair use policy in copyright law affect markets for the production and distribution of creative works? As we come to the end of Fair Use […]
[Archived Post] Oracle v. Google: Expansive Fair Use Harms Creators
The following post comes from Rebecca Cusey, a third-year law student at Antonin Scalia Law School, George Mason University, and a movie critic at The Federalist. By Rebecca Cusey The […]
[Archived Post] Second Circuit Brings Some Sanity Back to Transformative Fair Use
By Devlin Hartline The Second Circuit handed down an opinion in TCA Television v. McCollum earlier this week holding that a play’s inclusion of Abbott and Costello’s famous “Who’s on […]
[Archived Post] Radiohead Video Makes Unauthorized Use of Fictional Characters
Cross-posted from the Mister Copyright blog. Last month, Radiohead released their ninth studio album, A Moon Shaped Pool, after a five-year hiatus from recording. In true Radiohead fashion, the album’s […]
[Archived Post] Attacking the Notice-and-Staydown Straw Man
By Devlin Hartline Ever since the U.S. Copyright Office announced its study of the DMCA last December, the notice-and-staydown issue has become a particularly hot topic. Critics of notice-and-staydown have […]
[Archived Post] Ninth Circuit Gets Fair Use Wrong to the Detriment of Creators
By Devlin Hartline The Ninth Circuit’s opinion in Lenz v. Universal is out, and it’s a doozy. The main issue in the case is whether a rightholder has to consider […]