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Interesting case

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Taxing Matters

Overtaxed Member
It was a good decision.
On the whole, I agree, it was a good opinion. I do wish the justices would tone down their sniping at each other in opinions. IMO that's not the place for it. There are plenty of other ways a justice might indicate displeasure at another justice's views that don't end up in an opinion that then shapes the law for everyone.
 

quincy

Senior Member
On the whole, I agree, it was a good opinion. I do wish the justices would tone down their sniping at each other in opinions. IMO that's not the place for it. There are plenty of other ways a justice might indicate displeasure at another justice's views that don't end up in an opinion that then shapes the law for everyone.
Such is the state of the Supreme Court today.
 

zddoodah

Active Member
I think they get paid by the word or page. In law school we used to say that the text book authors got paid by the pound.
I miss the justices who understood the value of economy of words. The opinions I HATED the most were those written by Souter, Breyer and Ginsburg. They had no sense of economy, and it doesn't seem to have improved with the last 15 years worth of appointees.
 

Taxing Matters

Overtaxed Member
I miss the justices who understood the value of economy of words.
I do too. One of my all time favorite opinions of the Supreme Court happens to be a tax case from 1931. Justice Holmes was known for brevity (apparently the act of writing was uncomfortable for him) and his opinion in United States v. Kirby Lumber is just four paragraphs long and is the shortest opinion the Court has ever issued. The decision set the precedent for the tax rule that forgiven/canceled debt results in taxable income.
 

Taxing Matters

Overtaxed Member
I actually prefer the Opinions that provide good support for the decisions of Justices. If that makes them a bit on the lengthy side, so be it.
Opinions that pack in a lot of words that are not necessary provides the stare on which future litigation then results, often litigation that really should not have been brought at all in the first place. Brevity that still provides the reasoning for the decision is all they need to do. The extra that they add simply takes more time for lawyers and judges to read to get to the same point as a shorter opinion. I could do my work faster and just as well with shorter opinions.
 

quincy

Senior Member
Opinions that pack in a lot of words that are not necessary provides the stare on which future litigation then results, often litigation that really should not have been brought at all in the first place. Brevity that still provides the reasoning for the decision is all they need to do. The extra that they add simply takes more time for lawyers and judges to read to get to the same point as a shorter opinion. I could do my work faster and just as well with shorter opinions.
Yes, unnecessary words are unnecessary.

Again, I think that this decision from the Court was a good, well-reasoned one. The arguments both for Warhol’s work being a derivative piece (the majority opinion) and for Warhol’s work being transformative (Kagan) demonstrated nicely how fair use is not the easy defense to infringement that so many seem to believe it is.
 

Taxing Matters

Overtaxed Member
Again, I think that this decision from the Court was a good, well-reasoned one. The arguments both for Warhol’s work being a derivative piece (the majority opinion) and for Warhol’s work being transformative (Kagan) demonstrated nicely how fair use is not the easy defense to infringement that so many seem to believe it is.
I agree that its not an easy defense in a lot of cases. The question of how much change to the original is needed before its considered transformed into something new is often a tough one because in those close cases that get litigated, you could get a panel of judges or experts together and come out with a variety of views as to just which side of the line the work falls. It demonstrates, as you've noted in a number of threads, why getting permission from the originator of the work (if possible) is pretty much always the best approach.
 

quincy

Senior Member
I agree that its not an easy defense in a lot of cases. The question of how much change to the original is needed before its considered transformed into something new is often a tough one because in those close cases that get litigated, you could get a panel of judges or experts together and come out with a variety of views as to just which side of the line the work falls. It demonstrates, as you've noted in a number of threads, why getting permission from the originator of the work (if possible) is pretty much always the best approach.
I have often referred posters to the Jeffrey Koons cases because, as an “appropriation artist” who relies on the works of others to create his own work, Koons has been sued frequently for infringement. The Koons’ infringement cases generally center on the differences between transformative works (fair use) and derivative works (not fair use).

Sometimes the new work compared to the original work is clearly a derivative of the original, with no new expression or meaning added. The new work is just a copy of the original but in a different medium. And making derivatives is the exclusive right of the rights-holder.

Other times the new work is clearly transformative, with the old work perhaps only used as a jumping-off point.

Most times, though, the works require a side-by-side, careful and in depth analysis of the works, which of course adds to the cost of litigation.

All in all, getting permission is the cheapest and easiest way to avoid a lawsuit.
 

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