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Mar 2021

When Copyright Met Cryptocurrency: A Conversation About NFTs

Jeff Hermes

MLRC deputy director thinks through non-fungible tokens.

Mar 2021

Second Circuit “Clarifies” (Restores?) Law Governing Fair Use

Kenneth P. Norwick

The court not only reversed pretty much the entirety of the extensive decision of the SDNY judge under review but it came close to disowning one of its own most important (and controversial) recent fair use precedents.

Jan 2021

Copyrights and Constitutional Takings

Leslie Gardner Mason

Is a governmental unit’s use of a copyrighted photo without permission considered a constitutional taking? The Supreme Court of Texas is faced with this question.

Jan 2021

Lessons from the Nicki Minaj Copyright Judgment

Jason Bloom

Tracy Chapman accepted a Rule 68 offer of judgment from Nicki Minaj, in a copyright infringement suit alleging that Minaj copied and distributed Chapman’s song Baby Can I Hold You without a license.

Jan 2021

CASE Act Signed, Sealed, and Delivered – Copyright Small Claims Court Coming Soon

Scott J. Sholder

The latest amendment to the Copyright Act of 1976 creates a long-awaited new home for the litigation of lower-value copyright cases.

Dec 2020

Cardi B Is Heading to Trial Over Her Tattooed Album Cover

Sara Gates

Cardi B and her entertainment company recently learned the hard way that when you use a photograph from Google Images on an album cover, you may wind up in a lengthy lawsuit that turns out to be one of the statistical few that go to trial.

Jul 2020

The Internet Archive National Emergency Library – A National Treasure In Uncertain Times or Mass Piracy?

Joseph Petersen, James Trigg, and Olivia Poppens

Publishers allege not only that the NEL constitutes broad copyright infringement, but that the entirety of the Internet Archive’s library services do as well.