Tag: 2018–2019

by Yonatan Shefa*

In the context of fair use, should courts factor moral harms into their analyses? In this Contribution, Yonatan Shefa (’19) challenges the applicability – in the context of fair use – of a recent line of research by legal academics who argue that copyright law should grant artists a degree of protection against moral harms since those protections better incentivize creation. This Contribution ultimately argues that courts must not consider moral harms in the fair use scheme absent such a directive by Congress, and that Congress would be ill-advised to effect such a change to the law.

by Jonathan Wieder*

Should the Copyright Office be able to vet copyright applications before any action for copyright infringement is instituted? This term, in the upcoming case Fourth Estate, the Supreme Court will consider whether “registration” within the meaning of the United States Copyright Act merely mean that the components of the application need to be submitted to the Copyright Office (the “application” approach) or that the Copyright Office has affirmatively approved or refused the application (the “registration” approach). In this Contribution, Jonathan Wieder (’19) discusses the textual and legislative origins and consequences of each approach and the differing circuit interpretations that led to the grant of certiorari in Fourth Estate. Ultimately, this Contribution argues that the registration approach better effectuates congressional policy of vesting the Copyright Office with discretion over copyrightability and balancing protections for all parties to a copyright dispute.

by Ari Lipsitz*

How should courts address the contradiction between the preemption rules for pre-1972 recordings in the Copyright Act and the safe harbors in the Digital Millennium Copyright Act? In this Contribution, Ari Lipsitz (’18) analyzes the statutory conflict between these provisions and examines how courts have dealt with issues under these statutes. Ultimately, this Contribution discusses the potential effects of the Second Circuit’s decision in Capitol Records v. Vimeo and proposes legislative reform and judicial interpretations to protect internet policy and copyright law.