Friday, May 19, 2006

Grateful Dead Decision

Robert Bernstein and Robert Clarida have a piece in today's New York Law Journal ($) on the Second Circuit's fair use decision in the Grateful Dead case that I posted about earlier in the week. They conclude that the decision "has strengthened the arsenal of defendants in fair use cases." That's certainly true, though, as I argued earlier, the decision -- involving seven shrunken images in a 480-page book containing over 2,000 images in total -- strikes me as too fact-specific to be really useful.