Advancing the Interests of Authors Who Want to Serve the Public Good
Respecting the Second Factor
The nature of a work has been reduced to two binary, rather forumulaic questions. In FY2024, the Copyright Office registered around 425,000 works, representing an important and representative slice of the year’s creativity. What is the “nature” of those works? As far as the courts seem concerned, each is easily sortable on a 2 by 2 grid.
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The Latest
A Comprehensive Review of Post-Warhol Appellate Decisions on the First Factor
Warhol v. Goldsmith (2023) marked the very first time the Supreme Court opined exclusively on a SINGLE fair use factor. Considering the importance of fair…
Fair Use Week (Sec. 107)
Fair uses are not simply excused infringements; they are never infringements in the first place. They are implied in the grant of copyright. Fair use…
Copyright’s Angsty Teenager Stage (Section 104)
Much as it did in other aspects of its interactions with the world, U.S. copyright learned that if it wanted to win the game, it…