The Vanderbilt School of Law’s Journal of Entertainment and Technology Law (“JETLaw” to the cognoscenti) has just published Rick’s article, “Will Professor Nimmer’s Change of Heart Matter?” The article deals with a complete...
Reversed! If you came here from elsewhere and want to play Is It Fair Use?, stop reading and click here. After all that build up, I’m sure you weren’t surprised. Read the whole opinion here. The Second Circuit made three salient legal points: To be...
Parody ≠ Transformative Use I know you’ve been playing Is it Fair Use? the fast-paced, brain-teasing game that’s sweeping the nation. That means you’ve already played the very first installment, which involved an “appropriation artist,”...
But Is the Trail Worth Following? Well, that wasn’t so hard. As has been chronicled in this blog (here and especially here), the district court in the Viacom v. YouTube case had originally granted summary judgment to YouTube, but the Second Circuit decided that...
Free-Riding on a Dream By coincidence, the SDNY’s rejection of ReDigi’s business model happened at almost the same time as the Second Circuit’s seeming affirmation of Aereo’s business model. This coincidence led to...
