Ninth Circuit Confirms: Fair Use Is an Affirmative Defense to Copyright Infringement

The Ninth Circuit’s recent decision clarifying transformative fair use in Dr. Seuss v. ComicMix gives much to admire (see my deep dive into the opinion here). The court held that a mash-up of plaintiff Seuss’ Oh, the Places You’ll Go! (Go!) with a Star Trek theme—entitled Oh, the Places You’ll Boldly Go (Boldly)—by defendant ComicMix … Continue reading “Ninth Circuit Confirms: Fair Use Is an Affirmative Defense to Copyright Infringement”

Ninth Circuit Clarifies Transformative Fair Use in Dr. Seuss v. ComicMix

This past Friday, the Ninth Circuit handed down its opinion in Dr. Seuss v. ComicMix, a closely watched transformative fair use case. The decision marks an important milestone in the development of the fair use doctrine, especially as applied to mash-ups—where two or more preexisting works are blended together to create a new work. However, … Continue reading “Ninth Circuit Clarifies Transformative Fair Use in Dr. Seuss v. ComicMix

Copyright Office Questions Legality of Internet Archive’s National Emergency Library

On March 24, the Internet Archive (Archive) unveiled what it called the “National Emergency Library” (NEL) in order to “address our unprecedented global and immediate need for access to reading and research materials.” The announcement specified that Archive would suspend the waitlist for 1.4 million books in its unlicensed “lending library” until at least June … Continue reading “Copyright Office Questions Legality of Internet Archive’s National Emergency Library”

New Paper Explores Possibility of Gold-Plated Patents Beyond the PTAB’s Reach

What if there is a way for a patent applicant to obtain a “gold-plated patent” that is immune to administrative cancellation before the Patent Trial and Appeal Board (PTAB) at the U.S. Patent and Trademark Office (PTO)? This intriguing notion is the subject of a recent paper by Professor Michael S. Greve of Scalia Law, … Continue reading “New Paper Explores Possibility of Gold-Plated Patents Beyond the PTAB’s Reach”

New CPIP Policy Brief: Barnett on the End of Patent Groupthink

In a new CPIP policy brief entitled The End of Patent Groupthink, CPIP Senior Fellow for Innovation Policy Jonathan Barnett highlights some cracks that have emerged in the recent policy consensus that the U.S. patent system is “broken” and it is necessary to “fix” it. Policymakers have long operated on the basis of mostly unquestioned … Continue reading “New CPIP Policy Brief: Barnett on the End of Patent Groupthink”

Supreme Court Paves Way for Revoking State Sovereign Immunity for Copyright Infringement

Last week, the Supreme Court handed down its unanimous judgment in Allen v. Cooper, a copyright case involving both actual and metaphorical pirates. The actual pirate was Edward Teach, better known as Blackbeard, who captured a French ship in the Indies, renamed it Queen Anne’s Revenge, used it for piracy, and then later ran it … Continue reading “Supreme Court Paves Way for Revoking State Sovereign Immunity for Copyright Infringement”

Members of Congress the Latest to Question ALI’s Restatement of Copyright

As copyright wonks are surely aware, the American Law Institute (ALI) has been busy with its first foray into restating a body of federal statutory law, the Restatement of Copyright. Restatements have traditionally covered state common-law topics, such as employment, property, trusts, and torts, which are primarily governed by some combination of state statutory and … Continue reading “Members of Congress the Latest to Question ALI’s Restatement of Copyright”

Publishers v. Audible: An Army of Red Herrings

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) and to argue that the complaint should be dismissed for failure to state a claim (Dkt. 41). Unfortunately for Audible, the repetition of fallacious arguments … Continue reading “Publishers v. Audible: An Army of Red Herrings”

Publishers v. Audible: VCRs and DVRs to the Rescue?

On August 23, a group of publishers, including Penguin Random House, HarperCollins, and Simon & Schuster, sued Audible for copyright infringement. Audible, which is a subsidiary of Amazon, sells and produces audiobooks, and it planned to launch a new speech-to-text feature on September 10. The feature, dubbed Audible Captions, would automatically convert the licensed audio … Continue reading “Publishers v. Audible: VCRs and DVRs to the Rescue?”

Twenty Years Later, DMCA More Broken Than Ever

With Section 512 of the DMCA, Congress sought to “preserve[] strong incentives for service providers and copyright owners to cooperate to detect and deal with copyright infringements that take place in the digital networked environment.”[1] Given the symbiotic relationship between copyright owners and service providers, Congress meant to establish an online ecosystem where both would … Continue reading “Twenty Years Later, DMCA More Broken Than Ever”