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Intellectual Property Litigation: SCOTUS and Ninth Circuit Set to Weigh In on Fair Use

March 11, 2020

Litigation partners Lew Clayton and Eric Stone’s latest intellectual property litigation column, “SCOTUS and Ninth Circuit Set to Weigh In on Fair Use, ” appeared in the March 11 issue of the New York Law Journal. According to the Copyright Act, “the fair use of a copyrighted work … for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.” The column’s authors report on two upcoming “fair use” cases: Google v. Oracle, in which the Supreme Court will hear arguments about whether Google’s copying portions of Oracle’s Java platform for use in Google’s Android operating system infringed on Oracle’s copyrights, and Dr. Suess v. ComicMix, in which the Ninth Circuit will consider whether the use of illustrations from Dr. Seuss’s Oh, the Places You’ll Go! in a comic mash-up with Star Trek was a fair use. Litigation associate Michael Milea assisted in the preparation of this article.

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