Thank you!
Posts by Joseph Fishman
Thank you!!
Wonder if I need to adjust my teaching style. How do repeated, random Taylor references in class play outside of Nashville?
For now, I just hope my future students in NYC will be able to tolerate all of my forced Boston sports references in class.
It’s incredibly hard to say goodbye to @vandylaw.bsky.social, where I’ve spent a fulfilling & formative 11 years. Without exaggeration, I can’t imagine a better place to grow up as a scholar. I'm so grateful for my time in the Vandy community.
In my former life as a music student, I dreamed of getting to go to work at Lincoln Center. Well, I had to become a law professor to do it, but I'm finally making it happen.
Some big professional news: I’m thrilled to be joining the amazing faculty at @fordhamlawnyc.bsky.social this fall!
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🚨BREAKING: Federal judge concludes that using copyrighted works to train generative A.I. is transformative and ultimately a fair use. (Nevertheless, Anthropic can’t beat the lawsuit because it pirated books for another purpose too.) First of kind ruling. www.documentcloud.org/documents/25...
“no coincidence [Trump] acted less than a day after [Perlmutter] refused to rubber-stamp Elon Musk’s efforts to mine troves of copyrighted works to train AI models.” www.politico.com/news/2025/05...
I bet this list of law firms signing onto an amicus brief in support of Perkins Coie will be passed around by law students. They’ll note the absentees. storage.courtlistener.com/recap/gov.us...
12 copyright infringement actions vs. OpenAI and Microsoft will be consolidated to one court in Southern District of New York
storage.courtlistener.com/recap/gov.us...
Thrilled to be hosting the 2nd Annual Vanderbilt Music Law Summit tomorrow!
Featuring panels on streaming fraud and the future of PROs, a keynote from Concord CEO Bob Valentine, an update from the Copyright Office, and more.
⬇️ Check it out here:
law.vanderbilt.edu/music-law-su...
Extremely proud to be a Jenner alum
To state the obvious, Jenner is drawing a VERY sharp contrast with Paul Weiss and other Big Law firms capitulating to Trump. They're mounting a full-court press against the administration with the coordinated lawsuit and statement declaring their intent to fight this to the end and win. Refreshing!
CLAIMS FOR RELIEF COUNT I (Against All Defendants) Unconstitutional Retaliation in Violation of the First Amendment 140. Plaintiff repeats and realleges the allegations set forth in each of the preceding paragraphs as if fully set forth herein. 141. The First Amendment “prohibits government officials from subjecting individuals to ‘retaliatory actions’ after the fact for having engaged in” First Amendment-protected conduct. Hous. Cmty. Coll. Sys. v. Wilson, 595 U.S. 468, 474 (2022) (quoting Nieves v. Bartlett, 587 U.S. 391, 398 (2019)). 142. The Order and Fact Sheet unlawfully retaliate against Jenner & Block because they single out and punish Jenner & Block for its protected speech, reflected in its advocacy for clients challenging policies of the current Administration. 143. The Order and Fact Sheet also unlawfully retaliate against Jenner & Block in response to the speech of a former partner who has criticized and investigated the President, and in response to Jenner’s association with that former partner. 144. This is not just protected speech, but “core political speech” and association receiving the First Amendment’s highest protections. FEC v. Cruz, 596 U.S. 289, 313 (2022); see Legal Servs. Corp. v. Velazquez, 531 U.S. 533, 546, 548-49 (2001) (First Amendment violated by laws that attempt to “draw lines around” those arguments that the government “finds unacceptable but which by their nature are within the province of the courts to consider”). Indeed, the Order does not even attempt to hide that it has targeted Jenner & Block for its protected activity: Section 1 invokes Jenner & Block’s “partisan representations to achieve political ends,” Ex. 7 (Jenner Order), § 1—a phrase synonymous with “pure political expression absolutely protected by the First Amendment.”
Read Jenner & Block's lawsuit challenging Trump's unconstitutional assault on their firm.👇 Very glad to see Jenner fighting back. They're represented by Cooley, which is taking a risk here too.
storage.courtlistener.com/recap/gov.us...
I have been looking forward to this Passover graphic novel for years, ever since I first heard the idea from Dara Horn. Can't wait to finally read it!
Did you ever get a response to this? I'm also curious.
At least some of the "writers" are just interpolation credits (e.g. Ray Charles), which aren't eligible for Grammy consideration. But I don't think that's a comprehensive answer.
The lead prosecutor on the Adams investigation - Hagan Scotten - resigns from SDNY.
“I expect you will eventually find someone who is enough of a fool, or enough of a coward, to file your motion [to dismiss Adams charges]. But it was never going to me.”
www.nytimes.com/interactive/...
For now, this decision is the primary data point to go on. And a lot of expectations will be formed in the meantime.
Ross at least cited it in the most recent round of SJ briefing, but didn't lean on it as much as it probably should have. It relied more on Google Books/ Hathitrust, which were equally absent from the court's factor 1 analysis.
💯 agree that future appeals will confront this. But that's years away.
...for instance, Thomson Reuters' opposition included an argument for why iParadigms didn't apply here. I would have expected the opinion to offer some discussion of whether Ross or Thomson has the better of that argument, but instead the court skipped over it. For me that's a head scratcher.
I'm not sure which 2d Cir appeal you're referring to (Ross is in the 3d Cir), though yes when the question is presented to them I'm sure they will. My point was that this opinion's value as a bellwether is lessened by its absence of analysis on those cases.
Is it surprising? Yes I think so... (1/2)
I'm nowhere near as confident as @bbutler.bsky.social that Google Books, iParadigms, etc. dictate a fair use holding in genAI cases. But I do agree with him that the Ross court ignored them. If those cases are indeed inapposite, it sure would have been helpful for the court to explain why.
I dunno maybe Ross should have cited those cases?
This tracks with everything I've covered for years. It's not in people's heads: America is getting more antisemitic, and that starts with the young. When people focus on antisemitic politicians, they need to grasp that in a democracy, those politicians are downstream from voters.
Man I wish I were Noone
Like Universal, Warner now also sidesteps Spotify's "bundled" payouts under the statutory mechanical license by entering into a direct deal with it.
variety.com/2025/digital...
This is a very good explanation of a very dense topic. Copyright folks, if you're not already following @wordsbykristin.bsky.social, you should be.
Rooting against the Lakers is free and available to all.
Following Chappell Roan's Grammy speech, I've seen a few people advocating for "fair wages" for recording artists, including proposals to make them employees. There's lots of ways record companies should be doing better, but I'd caution against recording artists being employees.