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Marching Bravely Into the Quagmire: The Complete Mess that the “Transformative” Test Has Made of Fair Use

The Supreme Court is the last word on the law of copyright. But when their last words are unclear as to intent, trouble starts brewing immediately. Such is the case with so called “transformative” uses. This single reference has created more confusion amongst the court than any copyright decision in recent memory. Copyright Officer, Stephen Carlisle, J.D., takes you through how “transformative” has turned the murky waters of “fair use” into a quagmire of conflicting rulings and questionable logic.

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Taking the Raging Bull by the Horns: A Statute of Limitations That Never Expires?

You would think that waiting for 16 years to file a lawsuit would mean that the relevant Statute of Limitations would prevent you from proceeding. Yet the Supreme Court has recently ruled that in copyright cases, the Statute of Limitations may never run out. Copyright Officer, Stephen Carlisle, J.D., takes you through the decision in Petrella v. MGM and what it means for the entertainment industry.

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DMCA “Takedown” Notices: Why “Takedown” Should Become “Take Down and Stay Down” and Why It’s Good for Everyone

The Digital Millennium Copyright Act requires websites and search engines to remove infringing material upon a request by the copyright owner. Yet, in one week, Google receives well over 6 million DMCA “takedown” requests. Is the system working or drowning? Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., takes a look at the competing arguments, and suggests how the system can be improved for everyone.

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