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This Fall 2023 Supplement is the product of our effort to capture important developments in copyright law since the publication of the second edition of Copyright: A Contemporary Approach. It includes three Supreme Court decisions as principal cases: the fair use cases of Google LLC v. Oracle America, Inc. (p. 23) and Andy Warhol Foundation v. Goldsmith (p. 41) and the 2020 decision about copyright protection for state statutes, Georgia v. Public.Resources.Org (p. 74).. (Because there are now so many Supreme Court fair use cases to cover, this supplement also includes a note on Harper & Row, Publishers v. Nation Enterprises (pp. 13-14), as an option to replace its treatment as a principal case in the second edition of the casebook.

The supplement also includes notes on many other cases, and a few new features that we thought would enhance study of U.S. copyright law. It includes new material on copyright and artificial intelligence, both on the issue of AI authorship, (see the new notes on page 7-9), and the issue of infringement and fair use in training generative AI models (see the new feature on p. 21). Because the Copyright Claims Board (“CCB”) opened up its doors for business in June 2022, we have included a new section at the end of Chapter 6 on the CASE Act and CCB proceedings (p. 67). We have also completely revised Chapter 12.E., on digital audio transmission rights, and Chapter 12.F., on rights in pre-1972 sound recordings. The new Chapter 12.E. in this supplement, “Digital Streaming of Music After the Musical Works Modernization Act” (p. 101), now consists of a general introduction to copyright and the streaming of music, covering both rights in sound recordings and rights in musical works, and all of the relevant exclusive rights.

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