Victoria Gómez-Morgan

is a 2L at American University – Washington College of Law and is interested in pursuing a career in copyright and policy. Originally from South Florida, Victoria decided to attend law school in D.C. after some time from her early graduation at age 18 with honors from Florida Atlantic University in 2011. She is currently the Associate Articles Editor for the American University Intellectual Property Brief in addition to being the Secretary of the law school’s Intellectual Property Law Society.

Recent Articles by Fair Use in the Digital Age: Reflections on the Fair Use Doctrine in Copyright Law

Fair Use in the Digital Age: Reflections on the Fair Use Doctrine in Copyright Law

Judge Leval found fair use and ruled in favor of the defendants. However, this was quickly reversed and remanded by the Second Circuit Court of Appeals under the logic that that previously unpublished works were immune from fair use due to a right of privacy. Leval now thinks his opinion deserved to be reversed, but the Court of Appeal’s opinion was even more problematic. He opined that the “[i]nability to quote from unpublished documents would seriously impair history, political commentary, [and] journalism.” As he described Craft v. Kobler (1987), New Era Publications v. Henry Holt & Co. (1988), and American Geophysical Union v. Texaco (1992), a pattern became clear: Judge Leval’s application of the fair use doctrine throughout the past thirty years has been based on furthering the advancement and edification of the public.