Category Archives: Uncategorized

Campbell conference: Justin Hughes keynote

Posted on April 18, 2015 by rtushnet

Closing Keynote Address: Justin Hughes   In a world of complex laws, like tax regulation, everyone likes the idea of a rule that’s both general and exculpatory—fun and safe because when you’re applying a multifactor test it’s very difficult to … Continue reading →

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Campbell conference: future of digital tech

Posted on April 17, 2015 by rtushnet

Panel IV. Campbell and the Future of Digital Technologies (Moderator, Dean O’Connor)   O’Connor: output of one creative person becomes input for the next. Consider how copyright and fair use work in that system.   Robert Brauneis, George Washington University: … Continue reading →

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Campbell conference: Judge Leval keynote

Posted on April 17, 2015 by rtushnet

Keynote Address: The Honorable Pierre Leval   Earned a reversal rate of 67% in his significant fair use cases; at the cutting edge of law in the role of the salami.  Campbell: good framework for authors, without manacles on science. … Continue reading →

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Campbell conference: ethical and strategic issues in fair use litigation

Posted on April 17, 2015 by rtushnet

Panel III. Ethical and Strategic Issues in Fair Use Litigation (Moderator, Professor Naeve)   Naeve: discuss ethics of parody, disparagement, use in pornographic work. Should you ask permission?   Lydia Loren, Lewis & Clark: for all its positive effects, she … Continue reading →

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Campbell conference: transformative use across the arts

Posted on April 17, 2015 by rtushnet

Panel II. Transformative Use Across The Arts (Moderator, Professor Said)   Annemarie Bridy, Idaho: Role of aesthetic judgments in fair use cases. Bleistein principle of aesthetic neutrality/nondiscrimination.  Campbell said it wouldn’t judge whether the parody was good, just whether it … Continue reading →

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Campbell conference: overview on fair use

Posted on April 17, 2015 by rtushnet

Panel I. Overview of Fair Use Since Campbell (Moderator, Professor Gomulkiewicz)   Barton Beebe, NYU   Updated dataset 1978-2014: 460 opinions. Available on his website.  Significant limitations of case-counting: can’t substitute for qualitative analysis or other quantitative approaches looking at … Continue reading →

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Pam Samuelson on futures of fair use

Posted on April 17, 2015 by rtushnet

University of Washington School of Law: Fair Use In The Digital Age: The Ongoing Influence of Campbell v. Acuff-Rose’s “Transformative Use Test” (aka Campbell at 21)   Opening Keynote Address: Professor Pam Samuelson: Possible Futures of Fair Use   Campbell … Continue reading →

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Thermolife sues critic’s blog for cybersquatting

Posted on April 15, 2015 by rtushnet

A reader pointed me to this lawsuit, alleging cybersquatting against http://ift.tt/1CLQWzE based on Thermolife’s Muscle Beach marks.  You may notice that this isn’t really a domain name, but a blog hosted on WordPress.  In an in rem proceeding, will the court … Continue reading →

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resources spent correcting false advertising provide business standing in California

Posted on April 15, 2015 by rtushnet

Underground Solutions, Inc. v. Palermo, No. 13 C 8407, 2015 WL 1594189 (N.D. Ill. Apr. 7, 2015)   Previous ruling on this dispute between Underground Solutions and a person who basically served as an expert supporting its competitor. Related case … Continue reading →

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Preemption and dormant commerce clause challenges to Cal. Made in US law fail

Posted on April 15, 2015 by rtushnet

Clark v. Citizens of Humanity, LLC, No. 14–CV–1404, 2015 WL 1600679 (S.D. Cal. Apr. 8, 2015)   Plaintiffs bought Citizens of Humanity jeans marked with “Made in the USA,” but alleged that the products contained component parts made outside the … Continue reading →

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