Re: New fair use case from CA2: American Geophys Union v.

Terry Carroll writes:
>
> Did the "Pretty Woman" case (I don't recall the parties' names) have
> a circuit split? I don't think that there was. I suspect that that
> case was taken by the Supreme Court just to rein in the lower courts'
> excess reliance upon the fair use market impact factor, rather than to
> resolve a split.

    There was a fairly serious split, and there had been many lower cases dealing with these issues and coming up with somewhat different standards (also something the Court likes, because that gives it some more information to base its decision on).

• Eugene Volokh, UCLA Law <volokh[_at_]law.ucla.edu>