Making Room in Copyright Law for Creativity

A Critique of the NMPA’s and RIAA’s Joint Brief in the “Stairway to Heaven Case” As I explained last time, in their joint friend-of-the-court brief in the “Stairway to Heaven” case, the National Music Publishers Association (NMPA) and the...

Stairway to Heaven Is Not Blurred Lines

I Know They Look the Same, But the “Stairway to Heaven” Court Gets Something Very Important Right We interrupt the regularly-scheduled blog post about copyright in public murals in Nashville with this counter-intuitive defense of the Ninth Circuit’s recent surprising...

Blurred Lines on Appeal: The Crazy's Always Been There

Maybe We Could Do Something About It? For all of copyright law’s technicalities and niceties, it can come as a shock to learn that we lack a clear understanding of infringement. Often, this isn’t a problem. If you’re photocopying a book, putting a digital photograph...