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Joseph Fishman

@jpfishman.bsky.social
628 followers 146 following 42 posts

Professor at Vanderbilt Law School & Blair School of Music Researching intellectual property, creativity, & music. law.vanderbilt.edu/bio/?pid=joseph-…

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Joseph Fishman @jpfishman.bsky.social · 24/03/2026
Some big professional news: I’m thrilled to be joining the amazing faculty at @fordhamlawnyc.bsky.social this fall! 🧵
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Eriq Gardner @eriqgardner.bsky.social · 24/06/2025
🚨BREAKING: Federal judge concludes that using copyrighted works to train generative A.I. is transformative and ultimately a fair use. (Nevertheless, Anthropic can’t beat the lawsuit because it pirated books for another purpose too.) First of kind ruling. www.documentcloud.org/documents/25...
documentcloud.org
Bartz
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Eriq Gardner @eriqgardner.bsky.social · 11/05/2025
“no coincidence [Trump] acted less than a day after [Perlmutter] refused to rubber-stamp Elon Musk’s efforts to mine troves of copyrighted works to train AI models.” www.politico.com/news/2025/05...
politico.com
Trump fires top U.S. copyright official
Democrats are alleging foul play.
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Eriq Gardner @eriqgardner.bsky.social · 04/04/2025
I bet this list of law firms signing onto an amicus brief in support of Perkins Coie will be passed around by law students. They’ll note the absentees. storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
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Mark Jaffe, 5 Bridges Law @markjkings.bsky.social · 04/04/2025
12 copyright infringement actions vs. OpenAI and Microsoft will be consolidated to one court in Southern District of New York storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
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Joseph Fishman @jpfishman.bsky.social · 02/04/2025
Thrilled to be hosting the 2nd Annual Vanderbilt Music Law Summit tomorrow! Featuring panels on streaming fraud and the future of PROs, a keynote from Concord CEO Bob Valentine, an update from the Copyright Office, and more. ⬇️ Check it out here: law.vanderbilt.edu/music-law-su...
law.vanderbilt.edu
Music Law Summit - Vanderbilt Law School
Vanderbilt Law is excited to host the 2025 Music law Summit: The Future of Music Rights and Enforcement on April 3, 2025.
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Joseph Fishman @jpfishman.bsky.social · 28/03/2025
Extremely proud to be a Jenner alum
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Mark Joseph Stern @mjsdc.bsky.social · 28/03/2025
To state the obvious, Jenner is drawing a VERY sharp contrast with Paul Weiss and other Big Law firms capitulating to Trump. They're mounting a full-court press against the administration with the coordinated lawsuit and statement declaring their intent to fight this to the end and win. Refreshing!
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Mark Joseph Stern @mjsdc.bsky.social · 28/03/2025
Read Jenner & Block's lawsuit challenging Trump's unconstitutional assault on their firm.👇 Very glad to see Jenner fighting back. They're represented by Cooley, which is taking a risk here too. storage.courtlistener.com/recap/gov.us...
CLAIMS FOR RELIEF
COUNT I
(Against All Defendants)
Unconstitutional Retaliation in Violation of the First Amendment
140. Plaintiff repeats and realleges the allegations set forth in each of the preceding
paragraphs as if fully set forth herein.
141. The First Amendment “prohibits government officials from subjecting individuals
to ‘retaliatory actions’ after the fact for having engaged in” First Amendment-protected conduct.
Hous. Cmty. Coll. Sys. v. Wilson, 595 U.S. 468, 474 (2022) (quoting Nieves v. Bartlett, 587 U.S.
391, 398 (2019)).
142. The Order and Fact Sheet unlawfully retaliate against Jenner & Block because they
single out and punish Jenner & Block for its protected speech, reflected in its advocacy for clients
challenging policies of the current Administration.
143. The Order and Fact Sheet also unlawfully retaliate against Jenner & Block in
response to the speech of a former partner who has criticized and investigated the President, and
in response to Jenner’s association with that former partner.
144. This is not just protected speech, but “core political speech” and association
receiving the First Amendment’s highest protections. FEC v. Cruz, 596 U.S. 289, 313 (2022); see
Legal Servs. Corp. v. Velazquez, 531 U.S. 533, 546, 548-49 (2001) (First Amendment violated by
laws that attempt to “draw lines around” those arguments that the government “finds unacceptable
but which by their nature are within the province of the courts to consider”). Indeed, the Order
does not even attempt to hide that it has targeted Jenner & Block for its protected activity: Section
1 invokes Jenner & Block’s “partisan representations to achieve political ends,” Ex. 7 (Jenner
Order), § 1—a phrase synonymous with “pure political expression absolutely protected by the First
Amendment.”
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Leah Litman @leahlitman.bsky.social · 14/02/2025
The lead prosecutor on the Adams investigation - Hagan Scotten - resigns from SDNY. “I expect you will eventually find someone who is enough of a fool, or enough of a coward, to file your motion [to dismiss Adams charges]. But it was never going to me.” www.nytimes.com/interactive/...
nytimes.com
Read the Resignation Letter From Hagan Scotten
Hagan Scotten, an assistant U.S. attorney, wrote to Emil Bove, acting deputy attorney general, refusing to drop the case against Mayor Eric Adams.
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Raffi Melkonian @rmfifthcircuit.bsky.social · 07/02/2025
Man I wish I were Noone
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Joseph Fishman @jpfishman.bsky.social · 06/02/2025
Like Universal, Warner now also sidesteps Spotify's "bundled" payouts under the statutory mechanical license by entering into a direct deal with it. variety.com/2025/digital...
variety.com
Warner Music Announces New Deals With Spotify and Amazon as Part of Mixed Earnings Report
Warner Music struck a new deal with Spotify ending the companies’ disputes over a 'bundling' subscription option, as part of a mixed earnings report.
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Joseph Fishman @jpfishman.bsky.social · 06/02/2025
This is a very good explanation of a very dense topic. Copyright folks, if you're not already following @wordsbykristin.bsky.social, you should be.
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Joseph Fishman @jpfishman.bsky.social · 06/02/2025
Sorry @apublicgood.bsky.social but I won’t miss this gif
media.tenor.com
a basketball player with the number 22 on his jersey is giving a thumbs up
ALT: a basketball player with the number 22 on his jersey is giving a thumbs up
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Mark Jaffe, 5 Bridges Law @markjkings.bsky.social · 04/02/2025
Following Chappell Roan's Grammy speech, I've seen a few people advocating for "fair wages" for recording artists, including proposals to make them employees. There's lots of ways record companies should be doing better, but I'd caution against recording artists being employees.
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Joseph Fishman @jpfishman.bsky.social · 04/02/2025
I'm pleased to have contributed to this @bloomberglaw.com video explainer on music copyright disputes. If you'd like a concise summary of the Ed Sheeran case (or just a palate cleanser from the rest of your timeline these days), check it out: www.youtube.com/watch?v=EVPM...
youtube.com
Marvin Gaye, Ed Sheeran & the 'Blurred Lines' of Music Copyright
YouTube video by Bloomberg Law
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Joseph Fishman @jpfishman.bsky.social · 04/02/2025
Last week, a court dismissed the MLC's lawsuit against Spotify over its bundling of music+audiobooks. MLC called it a sham to reduce music royalties, but court ruled the governing reg clearly allowed it. Meanwhile, UMG sidesteps the issue via a direct deal. news.bloomberglaw.com/ip-law/spoti...
news.bloomberglaw.com
Spotify's Court Win Exposes Gap in Streaming Royalty Debate
Spotify USA Inc.’s victory over claims it contrived the premium subscription plan to reduce songwriter royalties creates a blueprint for other streaming services and leaves publishers scrambling for r...
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Eriq Gardner @eriqgardner.bsky.social · 31/01/2025
Superman's airspace restricted to the U.S.? www.wsj.com/business/med...
wsj.com
Lawsuit Aims to Ground ‘Superman’ in Major International Markets
The estate of superhero co-creator Joseph Shuster alleges overseas copyright infringement against Warner Bros. Discovery and DC Comics.
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Kristin Robinson @wordsbykristin.bsky.social · 30/01/2025
Spotify + UMG made a deal which sources say helps pay UMPG + its songwriters better than b4. Good for them. This opens the door for other big pubs + their writers to get similar deals. Also, good...but what about the indies? Do they get left behind? My analysis: www.billboard.com/pro/spotify-...
billboard.com
The Spotify/UMG Deal Signals Hope for Publishers — What Comes Next?
Spotify's new direct deal with the Universal Music Group is good news for publishers and songwriters. Will other companies get to benefit as well?
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Alex Jaffe ➡️ NYCC @alexjaffe.bsky.social · 26/11/2024
You used to call me on my self-own
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Joseph Fishman @jpfishman.bsky.social · 25/11/2024
This is a really, really good explainer on the Miley Cyrus motion to dismiss in the Flowers lawsuit, & the mess that is 9th Cir law on when a copyright co-owner can sue an alleged infringer without the the other co-owners’ involvement
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Joseph Fishman @jpfishman.bsky.social · 15/11/2024
Starting soon!
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Joseph Fishman @jpfishman.bsky.social · 15/11/2024
Excited to be in Chicago for the annual meeting of the American Musicological Society, where I’ll be speaking about forensic musicologists’ increasingly significant role in music copyright disputes. chicago2024.ams-net.org
chicago2024.ams-net.org
Home - AMS 2024 Annual Meeting
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Joseph Fishman @jpfishman.bsky.social · 14/11/2024
⬇️ (still true)
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Joseph Fishman @jpfishman.bsky.social · 01/03/2024
My op-ed on TN's ELVIS Act bill was published today in The Tennessean. Bottom line: the cause is just! But the bill is broader than it needs to be. As currently drafted it would cover innocuous activities having nothing to do with AI. www.tennessean.com/story/opinio...
tennessean.com
Could Elvis impersonators and tribute bands be sued in Tennessee? Possibly under AI bill
Rather than sweeping in all vocal simulations regardless of context, the law should be tailored to the AI-enabled problems that actually need solving.
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Joseph Fishman @jpfishman.bsky.social · 01/02/2024
Sooo, my FB account was disabled for…copyright violations? I am highly confused b/c (1) I would *never* (2) I don’t even post anymore! The form letter doesn’t say what activity caused the suspension, & the only reply allowed is basically “tell us why we’re wrong.” Anyone ever deal w/ this before?
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Joseph Fishman @jpfishman.bsky.social · 28/11/2023
My students already know how much I like to talk about IP and Taylor Swift. This time, I got to talk about them with @usatoday.com, too!
usatoday.com
Could selling Taylor Swift merchandise open you up to a trademark infringement lawsuit?
Swift sells millions in merch. But what about the "inspired by" collections? That might be a gray area say law experts.
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Joseph Fishman @jpfishman.bsky.social · 12/10/2023
Local paper just awarded best barista to one “Mark Lemley.” @marklemley.bsky.social, I assume it was based on citation count.
nashvillescene.com
Mark Lemley at Crema
About four years back, Rachel and Ben Lehman expanded their excellent, zero-waste coffee operation Crema to the East Side with a takeaway cafe and roasting space on Duke Street. It’s
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Joseph Fishman @jpfishman.bsky.social · 22/09/2023
Love the new place, just going to need a while to get it properly furnished
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