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

CPIP Applauds Congress on Passing CASE Act and Protecting Lawful Streaming Act

As advocates for individual artists and small businesses in the arts, CPIP is grateful this holiday season for the inclusion of the CASE Act and the Protecting Lawful Streaming Act as part of the end-of-year omnibus and COVID-19 relief package: the Consolidated Appropriations Act, 2021. These measures enjoyed overwhelming support and address longstanding challenges in … Continue reading “CPIP Applauds Congress on Passing CASE Act and Protecting Lawful Streaming Act”

Professor Shyam Balganesh on Understanding Privative Copyright Claims

The following post comes from Liz Velander, a recent graduate of Scalia Law and a Research Assistant at CPIP. By Liz Velander Some argue that modern copyright law is decidedly market-oriented, almost entirely justified in utilitarian terms. By promising authors a set of marketable exclusive rights in their works, copyright is believed to incentivize the … Continue reading “Professor Shyam Balganesh on Understanding Privative Copyright Claims”

CPIP’s Sandra Aistars and Scalia Law Arts & Entertainment Advocacy Clinic Co-Host Virtual Copyright Event on Arts and the Pandemic

The following post comes from Chris Wolfsen, a recent graduate of Scalia Law and a Research Assistant at CPIP. By Chris Wolfsen On October 27, 2020, CPIP Director of Copyright Research and Policy Sandra Aistars and students from her Arts & Entertainment Advocacy Clinic at Scalia Law School co-hosted a virtual event with Washington Area … Continue reading “CPIP’s Sandra Aistars and Scalia Law Arts & Entertainment Advocacy Clinic Co-Host Virtual Copyright Event on Arts and the Pandemic”

House Judiciary Committee Hearing Reacts to Copyright Office Report on Efficacy of Section 512

The following post comes from Liz Velander, a recent graduate of Scalia Law and a Research Assistant at CPIP. By Liz Velander In late September, the House Judiciary Committee held a hearing entitled Copyright and the Internet in 2020: Reactions to the Copyright Office’s Report on the Efficacy of 17 U.S.C. 512 After Two Decades. … Continue reading “House Judiciary Committee Hearing Reacts to Copyright Office Report on Efficacy of Section 512”

The Changing Nature of Sound Recording Rights

The following post comes from Meghan Carlin, who is in her second year at Osgoode Hall Law School in Toronto, Ontario. In addition to her work with the IPilogue, Meghan is a Fellow with the Innovation Clinic and is Co-President of the Osgoode Entertainment and Sports Law Association. This post first appeared at IPilogue. By … Continue reading “The Changing Nature of Sound Recording Rights”

Nicola Searle on Business Models and Copyright: The Legal Business Model

The following post comes from Dr. Nicola Searle, an economist who specializes in the economics of intellectual property and the creative industries. This post is derived from a paper that Dr. Searle prepared for CPIP’s Sixth Annual Fall Conference. By Nicola Searle The last two decades have made for interesting times in the media business. … Continue reading “Nicola Searle on Business Models and Copyright: The Legal Business Model”

High Court Oracle-Google Copyright War May Benefit Artists

This post first appeared on Law360. You might think that a copyright battle waged between tech behemoths Google LLC and Oracle America Inc. about computer code has little to do with the concerns of songwriters, authors, photographers, graphic artists, photo journalists and filmmakers. You would be wrong. These groups all filed amicus briefs with the … Continue reading “High Court Oracle-Google Copyright War May Benefit Artists”

The Evolving Music Ecosystem Conference: Day Three Recap

The following post comes from Bradfield Biggers, a graduate of Boston College Law School and Founder & CEO of Timshel Inc., a music fintech company that provides data-driven cashflow solutions to musical artists in Los Angeles, California. This is the third of three posts (see day one recap and day two recap) summarizing our three-day … Continue reading “The Evolving Music Ecosystem Conference: Day Three Recap”