Oral Arguments heard in Georgia State Appeal

Oral arguments were heard by the 11th Circuit CourtGeorgia%20State%20University%20logo%20315_304 of Appeals on November 20th – with both sides getting pelted with questions they didn’t expect – Plaintiff’s lawyers were told to save the claptrap about how civic minded their clients were and get to the point (I see that as a good sign). Kevin Smith of Duke University thought the day went poorly for GSU especially with respect to the Appeals Court seeming to be skeptical of the 10% bright line that Judge Evans seemed to establish in the case – this was of concern to me from the start as Fair Use has always been context based and flexible – taking away that flexibility (and ability to argue the facts of the situation) would be a terrible result. It appear the Appeals Court may remand for more fact finding – I certainly hope we get some clarification on the 10% standard. Read more here from Smith’s analysis here and watch the post argument panel video of attorneys that gathered at GSU after the arguments here.


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