Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

Charles Macedo and David Goldberg Co-Author Article For Oxford University Press's Journal Of Intellectual Property Law & Practice on Round-up of US copyright

April 2, 2022
Author(s): Charles R. Macedo, David P. Goldberg

- Journal of Intellectual Property Law & Practice, jpy129, https://doi.org/10.1093/jiplp/jpac025

Extract

Charles Macedo and David Goldberg authored a brief in Google v. Oracle for the New York Intellectual Property Law Association in an amicus brief in Support of Neither Party, filed in the US Court of Appeals for the Federal Circuit.

I. Introduction

Last year, we forecasted in Review of some of the most important cases of the year in US copyright law 2020, 16 JIPLP 6, that the US Supreme Court’s ruling in Google v Oracle would be one to watch because of its potential impact on the doctrine of fair use. We also discussed a Supreme Court opinion, Allen v Cooper, which seemingly allowed US states to violate personal copyrights because of their sovereign immunity from suit. This article considers the actual impact that the Oracle opinion has had since its release in 2021, developments in unauthorized state use of copyrighted material and legislative and other developments in 2021....

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