Preface

Preface

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The University of Richmond Law Review is proud to present its ninth annual issue of online scholarship. For the past nine years, the University of Richmond Law Review Online has been dedicated to publishing a diverse range of scholarly works in an exclusively digital format. This modern approach allows the Law Review to embrace greater flexibility and foster innovative contributions to legal discourse. Today, the expansive Online platform is read by lawyers, judges, students, and many others around the globe.

 

Mariah L. Riley *

* Online Editor, University of Richmond Law Review Vol. 58. J.D., 2024, University of Richmond School of Law.

 

Applying the Fair Use Doctrine in Music Copyright “Borrowing” Infringement Cases

Applying the Fair Use Doctrine in Music Copyright “Borrowing” Infringement Cases

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Copyright fair use is a broad, statutory doctrine that permits fair use of any type of copyrighted work. But the fair use defense is virtually nonexistent in copyright infringement cases involving musical compositions, such as the famous “Blurred Lines” case. Defendants and courts neglect to consider it for reasons unknown. One might conjecture that this simply reflects a tacit understanding in the music industry that original music should be untouched. In fact, musical borrowing is a longstanding and accepted tradition, which makes copyright fair use particularly amenable to musical compositions. Disconcertingly, ignoring fair use of musical compositions in infringement cases almost certainly means that courts have been generating erroneous outcomes for many years.

This Article overviews the tradition of musical borrowing, briefly surveys copyright infringement cases involving musical compositions, and considers how the fair use doctrine would apply in such cases. The objective is to compel defendant composers to raise the fair use defense in appropriate cases and, ultimately, help courts correct this glaring oversight in U.S. copyright jurisprudence.

Shea Bettwy *

* LL.M., University of Galway; J.D., University of California, Berkeley School of Law; B.A., University of Notre Dame.

 

Talking Scents: Copyrightability of Fragrance & Intellectual Property Protection in the Perfume Industry

Talking Scents: Copyrightability of Fragrance & Intellectual Property Protection in the Perfume Industry

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This Comment considers fragrance products’ eligibility for copyright protection and argues that U.S. copyright law, as it currently stands, is capable of being extended to protect perfume as a copyrightable creative expression in a way not yet addressed by the U.S. Copyright Office or federal courts. Further, this Comment will explore the necessity of having copyright protection expanded to fragrances in light of the current challenges facing the perfume industry.

Margaret M. Donnelly *

* J.D., 2024, University of Richmond School of Law; B.S., 2021, Duquesne University.

 

First Comes Love: Advocating for a Revival of Pre-Obergefell Estate Planning Vigor for LGBTQ+ Couples and Families

First Comes Love: Advocating for a Revival of Pre-Obergefell Estate Planning Vigor for LGBTQ+ Couples and Families

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On June 24, 2022, the Supreme Court of the United States handed down its decision in Dobbs v. Jackson Women’s Health Organization. Beyond the obvious devastation this opinion wreaked on abortion rights nationwide, it also unleashed a fear in communities that have gained substantive rights through the Court’s decisions based on similar reasoning. News organizations and LGBTQ+ advocacy groups quickly published stories discussing the fate of same-sex marriage in a post-Dobbs society. If the Supreme Court were to overturn Obergefell v. Hodges, it would be a crushing loss to the LGBTQ+ community. Not only would it signal the lack of respect for same-sex relationships in society, but it would deprive same-sex couples from the “constellation of benefits” marriage provides.

Kimberly N. Furtado*

* J.D. Candidate, 2024, University of Richmond School of Law.

 

Appoint Judge Ana de Alba to the Ninth Circuit

Appoint Judge Ana de Alba to the Ninth Circuit

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Appoint Judge Ana de Alba to the Ninth Circuit

 

The United States Senate must rapidly appoint Eastern District of California Judge Ana de Alba to the Ninth Circuit. This appellate tribunal is a preeminent regional circuit, which faces substantial appeals, has the largest complement of jurists, and clearly includes a massive geographic expanse. The nominee, whom President Joe Biden designated in spring 2023, would offer remarkable gender, experiential, ideological, and ethnic diversity realized primarily from serving productively with the California federal district, and state trial, courts after rigorously litigating for one decade in a highly regarded private law firm. For over fifteen years, she deftly excelled in law’s upper echelon. The post which the judge could fill has been vacant for months. Thus, the Senate needs to promptly approve the well qualified, mainstream nominee.

Carl Tobias *

* Williams Chair in Law, University of Richmond School of Law

 

Confirm Rachel Bloomekatz to the Sixth Circuit

Confirm Rachel Bloomekatz to the Sixth Circuit

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Confirm Rachel Bloomekatz to the Sixth
Circuit

 

Now that the United States Senate is convening after the July Fourth holiday, the upper chamber must promptly appoint Rachel Bloomekatz to the U.S. Court of Appeals for the Sixth Circuit. The nominee, whom President Joe Biden selected in May 2022, provides remarkable experiential, gender, and ideological expertise that she deftly realized in litigating high-profile gun control, environmental, and other significant cases in federal appellate courts and district courts. Over fifteen years, the nominee has reached law’s pantheon across a broad spectrum from extremely prestigious clerkships with Justice Stephen Breyer and particularly distinguished federal court and state court jurists to robustly participating in many suits for the powerful global law firm Jones Day. The opening that the nominee would fill has been vacant for months. Thus, the Senate needs to rapidly approve the exceptionally competent, mainstream nominee.

Carl Tobias *

* Williams Chair in Law, University of Richmond School of Law