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Posts by Joseph Fishman

Thank you!

3 weeks ago 0 0 0 0

Thank you!!

Wonder if I need to adjust my teaching style. How do repeated, random Taylor references in class play outside of Nashville?

3 weeks ago 0 0 1 0

For now, I just hope my future students in NYC will be able to tolerate all of my forced Boston sports references in class.

3 weeks ago 3 0 0 0

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.

3 weeks ago 4 0 1 0

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.

3 weeks ago 3 0 1 0

Some big professional news: I’m thrilled to be joining the amazing faculty at @fordhamlawnyc.bsky.social this fall!
🧵

3 weeks ago 36 3 5 0
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Bartz

🚨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...

9 months ago 649 245 55 161
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Trump fires top U.S. copyright official Democrats are alleging foul play.

“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...

11 months ago 4 1 0 0

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...

1 year ago 3 1 0 0

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...

1 year ago 4 1 0 0
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Music Law Summit - Vanderbilt Law School Vanderbilt Law is excited to host the 2025 Music law Summit: The Future of Music Rights and Enforcement on April 3, 2025.

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...

1 year ago 13 3 0 0

Extremely proud to be a Jenner alum

1 year ago 1 0 0 0

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!

1 year ago 429 59 8 5
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.”

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...

1 year ago 3885 748 66 50
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Dara Horn returns to history — and literature — after Oct. 7 The writer, who was thrust into the world of antisemitism with ‘People Love Dead Jews,’ sees modern Jewish struggles reflected in her new Passover graphic novel

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!

1 year ago 43 5 0 1

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.

1 year ago 1 0 1 0
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Read the Resignation Letter From Hagan Scotten Hagan Scotten, an assistant U.S. attorney, wrote to Emil Bove, acting deputy attorney general, refusing to drop the case against Mayor Eric Adams.

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/...

1 year ago 12070 2815 231 278
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For now, this decision is the primary data point to go on. And a lot of expectations will be formed in the meantime.

1 year ago 1 0 1 0

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.

1 year ago 0 0 1 0
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...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.

1 year ago 1 0 1 0

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)

1 year ago 1 0 1 0

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.

1 year ago 2 0 1 0
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I dunno maybe Ross should have cited those cases?

1 year ago 1 0 0 0

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.

1 year ago 333 87 14 5

Man I wish I were Noone

1 year ago 89 7 6 0
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Warner Music Announces New Deals With Spotify and Amazon as Part of Mixed Earnings Report Warner Music struck a new deal with Spotify ending the companies’ disputes over a 'bundling' subscription option, as part of a mixed earnings report.

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...

1 year ago 2 0 0 0
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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.

1 year ago 3 0 1 0

Rooting against the Lakers is free and available to all.

1 year ago 0 0 0 0
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a basketball player with the number 22 on his jersey is giving a thumbs up ALT: a basketball player with the number 22 on his jersey is giving a thumbs up

Sorry @apublicgood.bsky.social but I won’t miss this gif

1 year ago 1 0 1 0

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.

1 year ago 8 1 2 0