Rebecca Tushnet

Some Thoughts on Google v. Oracle, from Prof. Rebecca Tushnet (Harvard)

[1.] The majority clearly says that, as with other categories of protected works, distinctions can be made within the categories, drawing lines "among" computer programs, books, and films. Not all literary works are the same; Infinite Jest gets a different kind of copyright protection than my emails do. Likewise, while the recent Warhol case at times seems to imply that the derivative works right overrides fair use, the same GvO passage says that copyright provides both reproduction and derivative works right, but also subjects all works to fair use.