Why the Copyright Statute Is Not Enough: How the Restatement Relies on Both Statute and Caselaw to Clarify U.S. Copyright Law 

Daniel J. Gervais, Lydia Pallas Loren, R. Anthony Reese, Christopher Jon Sprigman and Molly Van Houweling | August 12, 2025 | Copyright

First published on the Kluwer Copyright Blog.  In a previous blog post, we explained how the Restatement of the Law, Copyright was prepared, how it is structured, and how it was approved as of May by the membership of the American Law Institute (ALI) (with the final...

Restating Copyright: The ALI’s Landmark Project and What It Means for the Law

Daniel J. Gervais, Lydia Pallas Loren, R. Anthony Reese, Christopher Jon Sprigman and Molly Van Houweling | July 29, 2025 | Copyright

First published on the Kluwer Copyright Blog.  In May 2025, the membership of the American Law Institute (ALI) completed a milestone in our understanding and interpretation of U.S. copyright law: the approval of its first-ever Restatement of the Law, Copyright. More...

Restatement of the Law, Copyright: A Look Inside

Jennifer Morinigo | June 23, 2025 | Copyright

Below you will find a link to Section 13. Copyright Protects Expression of the Copyright Restatement. The project as a whole was approved by ALI membership at the 2025 Annual Meeting; Section 13 appeared in Tentative Draft No. 2, which was approved by the ALI...

January 2025 Council Meeting Updates

Pauline Toboulidis | February 6, 2025 | Conflict of Laws, Copyright, Property, Torts: Miscellaneous Provisions, Torts: Remedies

At its meeting on January 23 and 24, 2025, the Council discussed and approved, in part or in whole, drafts of six projects as listed below. All approvals are subject to the discussion at the meeting and the usual editorial prerogative. Copyright The Council discussed...

Trademark, Copyright High Court Cases Shake Out in Lower Courts

Lauren Schweitzer | March 6, 2024 | Copyright

This article was originally published by Bloomberg Law on December 28, 2023. It’s been an exciting year for copyright and trademark law: The US Supreme Court issued high-profile rulings on trademark territoriality, fair use, and First Amendment protection. But as...

January 2024 Council Meeting Updates

Madison Bessho | January 26, 2024 | Conflict of Laws, Copyright, Inside The ALI, Property, Torts: Miscellaneous Provisions, Torts: Remedies

At its meeting on January 18 and 19, 2024, the ALI Council reviewed and discussed Council Drafts of the following projects and approved drafts and portions of drafts as listed below.* Conflict of Laws The Council approved Council Draft No. 9, containing the...