Back to the Future: SCOTUS on Copyright from the 1980s to the 2020’s

Not since the 1980’s has the Supreme Court taken up so many “fair use” copyright cases, reflecting the need to adjudicate often novel disputes between copyright holders and parties seeking to use copyrighted works in the context of new technologies. Experienced intellectual property and appellate litigator, Peter Afrasiabi sets the stage by tracing the history of the “fair use” doctrine over the past forty years and offers his predictions for how the Court’s decisions could substantially change how the “commercial” and “transformative” elements of the “fair use” test will apply going forward.