Second Circuit Brings Some Sanity Back to Transformative Fair Use

The Second Circuit handed down an opinion in TCA Television v. McCollum earlier this week holding that a play’s inclusion of Abbott and Costello’s famous “Who’s on First?” routine was not transformative fair use. Given how expansive transformativeness has become lately, especially in the Second Circuit, the opinion is somewhat surprising. What’s more, it’s not […]

Attacking the Notice-and-Staydown Straw Man

Cross-posted from the Center for the Protection of Intellectual Property (CPIP) Blog. Ever since the U.S. Copyright Office announced its study of the DMCA last December, the notice-and-staydown issue has become a particularly hot topic. Critics of notice-and-staydown have turned up the volume, repeating the same vague assertions about freedom, censorship, innovation, and creativity that […]

Ninth Circuit Gets Fair Use Wrong to the Detriment of Creators

The following post first appeared on the Center for the Protection of Intellectual Property (CPIP) blog, and it is reposted with permission here. The Ninth Circuit’s opinion in Lenz v. Universal is out, and it’s a doozy. The main issue in the case is whether a rightholder has to consider fair use before sending a […]