Volume 68

Table of Contents

Volume 68 (2021)

Issue 68:1 — Brace Memorial Lecture & Articles

Part I — Brace Memorial Lecture
What Does Antitrust’s Revival Mean for Copyright? — Christopher Jon Sprigman — p. 1

Part II — Articles
Letter from New Zealand: Megaupload in New Zealand’s Highest Court — Graeme W. Austin — p. 29
The Future Is Now: Copyright Terminations and the Looming Threat to the Old School Hip-Hop Song Book — Kevin J. Greene — p. 45
The Benefits of Registration — Robert J. Kasunic — p. 83
The Copyright Tax — Glynn S. Lunney Jr. — p. 117

Part III — Administrative Developments — p. 189

Issue 68:2 — Recent Developments in Copyright: Annual Case Survey

Part I — Recent Developments in Copyright
“Recent Developments in Copyright”: Selected Annotated Cases — Thomas Kjellberg, Joelle Milov, Dasha Chestukhin, and associates — p. 191

Part II — Administrative Developments — p. 335

Issue 68:3 — Brace Memorial Lecture & Articles

Part I — Brace Memorial Lecture
User Rights: Fair Use and Beyond — David Vaver — p. 337

Part II — Articles
Authoring the Law — Shyamkrishna Balganesh — p. 353
Copyright’s Administrative Law — Dave Fagundes & Saurabh Vishnubhakat — p. 417
Copyright and the Limits of Textualism — Thomas Hemnes — p. 483

Part III — Administrative Developments — p. 527

Abstract

Volume 68 (2021) leads with the Brace Memorial Lecture by Professor Christopher Jon Sprigman, which examines what the resurgence of “neo-Brandeisian” antitrust enforcement could mean for copyright industries and performing rights organizations. The scholarly articles in Issue 1 span international digital piracy law (the Megaupload litigation in New Zealand’s Supreme Court), copyright termination rights and their disproportionate impact on African American hip-hop artists, the nuanced institutional benefits of copyright registration, and an ambitious empirical analysis that frames copyright as a tax on readers — with data suggesting that higher music industry revenues do not correlate with greater or better creative output.

Issue 2 delivers the annual “Recent Developments in Copyright” annotated case survey from the 2021 annual meeting, compiled by Thomas Kjellberg and associates.

Issue 3 opens with the 2021 Brace Lecture by Professor David Vaver of Osgoode Hall Law School, exploring how Canadian law has elevated “user rights” — including fair dealing — from mere exceptions to co-equal copyright rights, with broader international implications. The accompanying articles examine the government edicts doctrine and why lawmakers cannot be “authors” under copyright, offer a comprehensive look at copyright’s administrative law and the Copyright Office’s role, and assess the limits of textualist interpretation in copyright adjudication, using Star Athletica and Justice Amy Coney Barrett’s judicial philosophy as case studies.