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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...

I Found it on the Internet, So it's Fair Use, Take Three

The Obligatory City Skyline Richard Bell1NOT to be confused with Keith Bell, another copyright plaintiff I blogged about recently. is a former attorney who took photographs of his law firm’s hometown, Indianapolis, particularly its skyline. There’s a natural...

Why "Stairway to Heaven" Verdict Was Reversed

Led Zeppelin Probably Would’ve Won Anyway, But Some Mistakes Can’t Be Wished Away Last time, I explained why I thought the Ninth Circuit’s recent reversal1The verdict was actually “vacated”—thrown out—and “remanded”—sent back down for a new trial....

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...