Copyright Law

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Copyright, Meet Antitrust: The Supreme Court’s Warhol Decision and the Rise of Competition Analysis in Fair Use

In its recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Supreme Court noted that whether defendant’s work competes with plaintiff’s is a key element of the fair-use analysis. This Essay argues that antitrust law offers valuable guidance for assessing competition in copyright law. 

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AI and the Sound of Music

Today, AI enables people to create music simply by using words—fulfilling the belief that music is a universal language. This Essay analyzes how courts and Congress should respond to AI’s seismic disruptions to the music industry based on the principles of technology neutrality, expansive authorship, and rebalancing of copyright.