This article reconsiders the history of copyright's pivotal fair use doctrine. The history of fair use does not in fact begin with early American cases such as Folsom v. Marsh in 1841, as most accounts assume - the complete history of the fair use doctrine begins with over a century of copyright...

The phenomenon of library digitization in general, and the digitization of so-called ‘orphan works' in particular, raises many important copyright law questions. However, as this article explains, correctly understood, there is no orphan works problem for certain kinds of library digitization....

This article investigates reliance on the Nature of Suit coding in the PACER records for empirical studies of copyright litigation. It concludes that although the PACER Nature of Suit for copyright does not in fact capture all copyright cases, it is a good enough sample for most purposes

This detailed empirical and doctrinal study of copyright trolling presents new data showing the astonishing rate of growth of multi-defendant John Doe litigation in United States district courts over the past decade. It also presents new evidence of the association between this form of...

The Supreme Court’s 2006 decision in eBay v. MercExchange seemingly heralded a major change in not only patent law but also copyright law. The Court ruled that injunctions for patent infringement should no longer be granted automatically; instead, plaintiffs must establish the need for...

The Data Sitters Club is many things, it is partly an exercise in cultural analytics using digital humanities methodology applied to the cultural touchstone of the Baby-Sitters Club books and graphic novels. However, the broader agenda of the DSC it is teach various issues and techniques...

Last year, before the onset of a global pandemic highlighted the critical and urgent need for technology-enabled scientific research, the World Intellectual Property Organization (WIPO) launched an inquiry into issues at the intersection of intellectual property (IP) and artificial intelligence...

Fair use is often criticized as unpredictable and doctrinally incoherent - a conclusion which necessarily implies that the copyright system is fundamentally broken. This article confronts that critique by systematically assessing the predictability of fair use outcomes in litigation....