Professor @vanderbiltlaw researching intellectual property, creativity, & music.

Nashville, TN
Joined February 2009
Some big professional news: I’m thrilled to be joining the amazing faculty at @FordhamLawNYC this fall!
🧵 / Fordham Law School welcomes three distinguished new faculty members to the faculty this fall. Joseph Fishman (@jpfishman) is an expert on intellectual property, particularly within the music industry.
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It’s incredibly hard to say goodbye to @vanderbiltlaw, where I’ve spent a fulfilling & formative 11 years. Without exaggeration, I can’t imagine a better place to grow up as a scholar. I'm so grateful for my time in the Vandy community.
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For now, I just hope my future students in NYC will be able to tolerate all of my forced Boston sports references in class.
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Joseph Fishman retweeted
JUST IN: The DC Circuit has restored Shira Perlmutter as Register of Copyrights while she fights Trump’s effort to remove her from the legislative branch role in the Library of Congress. 2-1 ruling in her favor after a string of defeats in district court.
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🚨BREAKING: Federal judge concludes that using copyrighted works to train generative A.I. is transformative and ultimately a fair use. (Nevertheless, Anthropic can’t beat the lawsuit because it pirated books for another purpose too.) First of kind ruling. documentcloud.org/documents/…
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Joseph Fishman retweeted
The day before Register of Copyrights Shira Perlmutter was fired, the Copyright Office quickly and quietly dropped a major report on AI and fair use. I break down the timing, the fallout, and my 5 biggest takeaways—up now on Copyright Lately copyrightlately.com/copyrigh…
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Thrilled to be hosting the 2nd Annual @vanderbiltlaw Music Law Summit tomorrow! Featuring panels on streaming fraud & the future of PROs, a keynote from Concord CEO Bob Valentine, an update from the Copyright Office, and more. ⬇️ Check it out here: law.vanderbilt.edu/music-law…
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Joseph Fishman retweeted
Dear Big Law. This is how it is done. Bravo, Jenner and Block! Don’t you other firms ever watch those superhero movies? The selfish, greedy cowards always finished last! 👊🇺🇸🔥
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Court hedges on how much this decision maps onto generative AI (as opposed to the Westlaw-like search engine that was at issue here).
🚨Big news: a federal judge rejected the "fair use" defense in one of the first AI/copyright cases, in which an AI search engine was built using information from legal database Westlaw bloomberglaw.com/bloombergla…
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Joseph Fishman retweeted
🚨Big news: a federal judge rejected the "fair use" defense in one of the first AI/copyright cases, in which an AI search engine was built using information from legal database Westlaw bloomberglaw.com/bloombergla…
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The Copyright Office published a Notice of Inquiry requesting information on Issues Related to Performing Rights Organizations. Initial public comments must be received by April 11. copyright.gov/policy/pro-iss…
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Like Universal, Warner now also sidesteps Spotify's "bundled" payouts under the statutory license, which is the default industry-wide option for mechanical licensing, by instead agreeing with Spotify to its own direct deal. variety.com/2025/digital/new…
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I'm pleased to have contributed to this @BLaw video explainer on music copyright disputes. If you'd like a quick summary of the recent Ed Sheeran case (or just a palate cleanser from the rest of your timeline these days), check it out: youtube.com/watch?v=EVPMizqp…
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See the linked story ⬇️ for coverage of the dismissal of the MLC's lawsuit against Spotify over its bundling of music + audiobooks. MLC called it a sham to reduce royalties, but the court said the governing regulation clearly allowed it.
Spotify convinced a court to throw out a lawsuit accusing it of illegally turning its premium plan into a "bundle" service (which reduced royalty $$ to songwriters). Now, other streaming providers have a blueprint for how to reduce payments to artists. news.bloomberglaw.com/ip-law…
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“One top publishing executive tells Billboard that this change ‘sounds like Spotify is raising the white flag’ about the so-called ‘bundling’ dispute which has soured relations between many publishers, writers and Spotify since it launched last year.”
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NEW - Anthropic has agreed to apply copyright guardrails to future AI tools to prevent infringing outputs, per an agreement reached with music publishers suing the company for infringing protected song lyrics. Training on lyrics issue is unresolved news.bloomberglaw.com/ip-law…
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This is a really, really good explainer on the Miley Cyrus motion to dismiss in the Flowers lawsuit, & the mess that is 9th Cir law on when a copyright co-owner can sue an alleged infringer without the other co-owners’ involvement
NEW: My deep dive into Miley Cyrus's surprising new motion to dismiss the "Flowers" copyright infringement lawsuit, and a look at the controversial precedent that creates hurdles for enforcing co-owned copyrights. Up now on Copyright Lately! copyrightlately.com/flowers-…
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