copyright
©ancelling Dr. Seuss
Nov. 28, 2023—Cathay Y. N. Smith | 26 Vand. J. Ent. & Tech. L. 73 (2023) Dr. Seuss Enterprises announced in March 2021 that it would no longer license or publish six of its children’s books because those books portrayed people in racist or culturally stereotypical ways. Since then, the public has learned through news reports and...
Copyright’s Lost Art of Substantial Similarity
Nov. 27, 2023—Sandra M. Aistars | 26 Vand. J. Ent. & Tech. L. 109 (2023) Three copyright doctrines focus more than any others on the contributions of authors to visual artworks: originality, substantial similarity, and fair use. Questions regarding the aesthetics of works of authorship filter into judicial determinations under each of these doctrines. This Article comments...
Orthogonal Purposes and Differing Motivations: Post-Warhol Fair Use Implications of “Who Is the Bad Art Friend?”
Nov. 7, 2023—In October 2021, the internet exploded over Robert Kolker’s New York Times article, “Who Is the Bad Art Friend?” For an instant of online fixation, the tale of Dawn Dorland Perry and Sonya Larson enamored the online masses. In Samuel Fujikawa's ('25) new post, explore how the District Court of Massachusetts revived the tale in Larson v. Perry, one of the first applications of the Supreme Court’s ruling in the Andy Warhol Foundation for the Visual Arts v. Goldstein,
Reinterpreting Repeat Infringement in the Digital Millennium Copyright Act
Jun. 28, 2023—Hunter McGhee | 25 Vand. J. Ent. & Tech. L. 483 (2023). In 1998, Congress passed the Digital Millennium Copyright Act, which aimed to balance the growth of the internet with the enforcement interests of copyright holders. In exchange for immunity from third-party infringement, the DMCA imposes certain conditions on internet and online service providers....