This casebook emphasizes the essential cases and materials at the heart of copyright law. Instead of attempting to exhaustively cover every last doctrine in copyright, this casebook selectively focuses on the major cases, doctrines, ideas, and theories in this complex and fascinating area of the law. The result is a streamlined and well-organized casebook of manageable length that keeps the central themes of copyright front and center. This allows teachers and students to take the time to examine, discuss, and master these essential materials and grapple with the complexities and ambiguities in a way that fosters a deeper understanding of the subject matter. The authors have written extensively about copyright, the arts, and the impact of new technology.


Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 08/02/2021

Alfred C. Yen, Boston College Law School

Joseph P. Liu, Boston College Law School

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In this fourth edition of the casebook, in addition to the standard updates and edits, we have made a number of significant changes to reflect new developments in this dynamic field. Specifically:

  • In Chapter Two, we substantially revised the materials on the useful article doctrine, briefly summarizing the trio of cases Kieselstein Cord v. Accessories by Pearl, Carol Barnhart v. Economy Cover Corp., and Brandir Int’l v. Cascade Pacific Lumber Co., and then inserting the Supreme Court’s opinion in Star Athletica v. Varsity Brands. We also added Georgia v. Public.Resource.Org to the section on Government Works.
  • In Chapter Five, we substantially revised the materials relating to the music industry by adding VMG Sasoul v. Madonna, adding information about the Music Modernization Act of 2018, and reorganizing the material on the public performance right and compulsory licensing as it relates to musical works and sound recordings. We also incorporated into this chapter the material on anticircumvention liability that formerly constituted Chapter Eight. In so doing, we reduced the coverage of the topic by removing Chamberlain Group v. Skylink Technologies and MDY Industries v. Blizzard Entertainment.
  • In Chapter Six, in the discussion of fair use, we deleted New Era Publications v. Carol Publishing Group, replaced Rogers v. Koons with Blanch v. Koons, and added Andy Warhol Foundation for the Visual Arts v. Goldsmith. We also retitled the former section “Aggregative Uses” so that it is now “Transformative Uses,” and in this section we replaced Authors Guild v. Google with Kelly v. Arriba Soft and added Google v. Oracle. We also deleted the section “Interoperability,” and moved discussion of Sega v. Accolade to a note after Google v. Oracle.
  • In Chapter Seven, in the section on the DMCA and ISP Liability, we replaced Viacom v. YouTube with Capitol Records v. Vimeo and EMI Christian Music Group v. MP3Tunes.
  • As noted above, we moved the material in the former Chapter Eight into Chapter Five. The new Chapter Eight now contains the material on Remedies. Subsequent chapters have been renamed accordingly.

Learn more about this series.