Barton Beebe, ‘An Empirical Study of US Copyright Fair Use Opinions Updated, 1978-2019’, 10 New York University Journal of Intellectual Property and Entertainment Law 1 (2020). In the past sixteen years, copyright law has undergone important changes. Court have issued major decisions, such as Skidmore v Led Zeppelin, which clarified the Ninth Circuit’s substantial similarity test and rejected the inverse ratio rule, and Capitol Records, LLC v Vimeo, LLC, in which the Second Circuit elucidated a more concrete red flag knowledge standard for purposes of the Digital Millennium Copyright Act. Significant new copyright legislation, in the form of the Music Modernization Act, has also been promulgated. And during this period, fair use jurisprudence has also continued to grow apace … (more)
[Michael Goodyear, JOTWELL, 2 June]
First posted 2021-06-02 16:00:08
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