Publication Day: My latest article has been published by the Chicago-Kent Journal of Intellectual Property. The article, Copyright Dilution Under Constitutional Scrutiny, explains why the newfound theory of market harm called “copyright dilution“–embraced by the Copyright Office and by Judge Chhabria in dicta in Kadrey v. Meta—would violate the Constitution if it is adopted by … Continue reading New Paper: Copyright Dilution Based on Wholly Non-Infringing Expression Is Unconstitutional. It violates both Copyright Clause and First Amendment.