WIPIP 2022, Session 6 (TM)
43(B)log
FEBRUARY 19, 2022
Summary of current treatment: Although courts have often referred to “expressive” or “artistic” works as shorthand for the scope of Rogers, they have applied it to speech that quali?es Lemley: Hard to separate artists from art. We don’t want it to be based on intent—McDonald’s can intend art. What do we do with that?
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