Where in the World Is Carmen Polska? One of the really exciting things about the early days of true1I.e., actual access to the internet, as opposed to leased-line services like Prodigy and CompuServe. internet access—roughly around the same time as the World Wide Web...
Transformative Use Won’t Transform into a Monster, After All If you are a frequent player of “Is It Fair Use?”, the exciting game in which I give you a fact pattern and you try (and fail) to guess whether the use was fair or not1And, really, who isn’t?, then you...
You Can Strike a Pose, but Can a Pose Be Striking? Ages ago, I started off my copyright courses with a couple of old but good photography cases, as a way of stretching the students’ minds about what constitutes “copying” and what constitutes “creativity.” The first...
We Don’t Serve Your Kind Here Wow, there have been a lot of really interesting copyright cases in just the last two or three weeks! It’s like being a candy store with money, but you’re full. I’ll try to comment on some of them. Let’s start with the one that really...
Dim Light Shed on Our Understanding of DMCA Repeat-Infringer Requirement This post is about BMG Rights Management v. Cox Communications, a case about which I’ve posted at least four times: here, here, here and indirectly here. Note my evolving take on the...