On December 22, 2020, Senator Thom Tillis (R-NC), then chair of the Senate Judiciary Subcommittee on Intellectual Property, released a discussion draft of the Digital Copyright Act of.
Legend has it that Judge Learned Hand wrote this line in a per curiam opinion,
Dellar v. Samuel Goldwyn,
Inc.
1: “[T]he issue of fair use.is the most troublesome in the whole law of copyright….” As recent court decisions reflect, there is turmoil in copyright law, specifically regarding the fair use doctrine in the context of transformative works, but more clarity may be approaching. The Second Circuit’s recent panel holding in the
Warhol v. Goldsmith matter, discussed below, suggests that re-expressing a copyrighted image belonging to another does not entitle the new work to a fair use defense.
In This Issue - Section 230 and the Future of Content Moderation - We analyze Section 230 of the Communications Decency Act the 1996 law that provides a legal shield for.