Fall 2022 Supplement to Copyright: A Contemporary Approach

Abstract

This Fall 2022 Supplement is the product of our effort to capture important developments in copyright law since the publication of the second edition of Copyright: A Contemporary Approach. It includes three new principal cases. The first two are Supreme Court decisions: the 2021 fair use decision in Google LLC v. Oracle America, Inc. (p. 18), and the 2020 decision about copyright protection for state statutes in Georgia v. Public.Resources.Org (p. 58).. The third is an excerpt from the Second Circuit’s fair use decision in Andy Warhol Foundation v. Goldsmith (p.37), a decision that the Supreme Court has decided to review, with oral argument scheduled for October 12, 2022. The portion of this opinion on “transformativeness” is likely making a one-time appearance in the supplement, to be replaced by the Supreme Court decision when it is issued, but we thought some folks would like to teach the Goldsmith case in the fall as the Supreme Court is considering it.

The supplement also includes notes on many other cases, and a few new features that we thought would enhance study of U.S. copyright law. Because the Copyright Claims Board (“CCB”) opened up its doors for business this June, we have included a new section at the end of Chapter 6 on the CASE Act and CCB proceedings (p. 50). We have also completely revised Chapter 12.E., on digital audio transmission rights, and Chapter 12.F., on rights in pre-1972 sound recordings. The new Chapter 12.E. in this supplement, “Digital Streaming of Music After the Musical Works Modernization Act” (p. 84), now consists of a general introduction to copyright and the streaming of music, covering both rights in sound recordings and rights in musical works, and all of the relevant exclusive rights.

Keywords: Copyright, Google v. Oracle, Georgia v. Public.Resources.Org, Andy Warhol Foundation v. Goldsmith, Music Modernization Act, CASE Act