The Prior Restraint Issue in Garcia v. Google

The Ninth Circuit’s amended opinion in Garcia v. Google is now out, and the majority is sticking to its guns in granting Garcia preliminary injunctive relief against Google for its alleged copyright infringement. The facts are somewhat strange: Garcia had a minor part in a film, and she claims that she, and not the filmmaker, […]

Further Thoughts on Fair Use and the First Amendment

Cross-posted on the Copyhype blog. As a follow-up to my last post about why copyright is a right and fair use is a privilege, I wanted to respond to some of the issues brought up by people on the ‘net about what I had written. Let me start by saying that I understand that, normatively, […]

From Eldred to Golan: The “Traditional Contours” Test

Cross-posted on the Copyhype blog: Part 1 and Part 2. “Constitution time is over.” For academic and self-proclaimed “copyright activist” Lawrence Lessig, January 18, 2012, represents more than just the day the internet stood up to copyright law. In his view, it’s also the day “the Supreme Court shut the door, finally and firmly, on […]