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January 20, 2015 |

'Transformation' of Fair Use Back to Its Section 107 Roots

Barry Werbin of Herrick, Feinstein writes: The U.S. Court of Appeals for the Seventh Circuit recently put the brakes on more than two decades of widespread judicial application of the "transformative use" test in assessing a fair use defense to infringement under §107 of the Copyright Act.
17 minute read
August 21, 2014 |

Functionality Rulings Are Nothing to Cheer About

In their Copyright Law column, Robert W. Clarida and Robert J. Bernstein write: What do cheerleading uniforms and laminated faux-maple flooring have in common? Both have recently been the subject of dubious rulings about the copyrightability of useful articles that could, if not reversed, further muddy the already murky doctrinal waters the courts have created around this issue.
10 minute read
July 24, 2014 |

Aereo's Next Opponent: The US Copyright Office

After losing at the U.S. Supreme Court, what if Aereo Inc. turns out to be right and the U.S. Copyright Office is wrong?
7 minute read

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