Use, Fair Or Foul

A divided copyright decision today from the 9th Circuit—Elvis Presley Enterprises, Inc. v. Passport Video, PDF; via Howard Bashman—is a good illustration of the mercurial nature of the fair use doctrine. The opinion considers the extent to which fair use entitled a filmmaker to incorporate copyrighted materials (film clips, photos, and music) into an exhaustive biography of Elvis Presley: The Definitive Elvis. Judge Tallman's majority opinion suggests the outcome was strongly influenced by the applicable standard of review, and the deference the Court of Appeals was required to afford the trial court's preliminary injunction findings: "Although we might view this case as closer than the district court saw it, we hold there was no abuse of discretion in the court's decision to grant Plaintiff's requested relief." Judge Noonan's dissent argues the transformative nature of much of the work and the public interest in a biography of Elvis should have played a greater role in the Court's application of the unpredictable doctrine.

My Secretary Can Kick Your Secretary's...Case Management Strategy

My wonderful assistant Adriane, a Karate sensei and mom of two in her spare time, just told me she wants to start a Karate blog. I thought I'd better mention that quickly, especially since she's throwing me my first ever baby shower, uh, now. It's best not to tick off a woman packing nunchucks.

I've never really been a big baby shower enthusiast, but I have to confess: this morning I was fascinated by the slick stroller tech on display outside Starbucks. This doesn't mean I don't still have Envy envy; it just means it's a strange, paradoxical world.

For a gripping, moving, and for someone who is staring down her due date, downright chilling, account of the arrival of Ari-son-of-Kos, get on over and read the Fishyshark: First Day At Home.

Today's New Blawg

Walter Hutchens teaches logistics, business and public policy at the Robert H. Smith School of Business in College Park, MD. [Via Ernie Svenson] Walter's specialty is China, and his blog is "generally related to China's developing markets for stocks and other securities, particularly the laws and regulations purporting to govern them." In addition to being a former practicing lawyer and former Senior Communications Specialist for Apple, Walter probably can still recall the meaning of the phrase, "In hoc, Bra."

Blog On The Wall

Rick Bruner, the gang at Marketing Wonk, and friends, are covering the Ad:Tech conference in New York on the Ad:Tech Blog. Here are B.L. Ochman's notes from the Blogging for Business panel ("[B]logs humanize a company and give the sense that there are real live human beings behind the scenes"—let's hope they give more than just "the sense"), and Rick Bruner's related notes and links. I don't see coverage of John Battelle's session on e-communities, unfortunately, but I'm betting it was good. Rick Bruner does however report a friend's voicemail from the "Spammer's Party," which sounds every bit as nightmarish as you might imagine.

Too Long 'Til June

Spectacular news: not only is Howard Bashman now booked with 20 Questions interviewees through June, 2004, his latest volunteer is California's own Justice William W. Bedsworth, author of some of my favorite monthly reading in the form of his Criminal Waste of Space column. Justice Bedsworth is a remarkable man, and is poised to become the world's first jurist, appellate or otherwise—as far as I know, and I am perhaps unhealthily devoted to the topic—to write a regular weblog. (To paraphrase, "He has the technology...")