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The Intellectual Property Strategist

June 2025
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Howard J. Shire & Di’Vennci K. Lucas

In a recent decision, the U.S. Court of Appeals for the Second Circuit addressed application and analysis of the fair use doctrine under copyright law, and reversed the district court’s finding of fair use. In an unusual situation, the lower court had dismissed the complaint sua sponte, although the defendant’s time to respond to the complaint had expired.

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