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Judicial Treatment of the Copyright Office Compendium

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Presentation on theme: "Judicial Treatment of the Copyright Office Compendium"— Presentation transcript:

1 Judicial Treatment of the Copyright Office Compendium
Shyam Balganesh University of Pennsylvania Dan L. Burk University of California, Irvine

2 Judicial Review Standards
APA Review Standards Formal or informal Fact or policy Arbitrary & capricious Supported by substantial evidence Legal Interpretations Skidmore deference Chevron deference Internal Rule Interpretations Auer deference

3 Chevron Deference Step Zero Step One Step Two
Not guidelines or opinions “intended to speak with the force of law” Agency characteristics Too important for delegation Step One Statutory ambiguity or gap Otherwise, follow Congressional direction Step Two Plausible range of interpretations

4 Oddball Agency Organizational Placement Routes of Judicial Review
Legislative branch APA “Agency” Explicit statutory statement Routes of Judicial Review APA 704 Appeal Infringement action Permissive impleader Remand for reconsideration Disparate Judicial Treatment

5 Copyright Office Compendium
Compilation of Policies and Procedures Registration and recordation Skidmore Deference Supreme Court in Mead Agency manuals, guidelines Polyglot Deference Different bases Differing origins Differing standards

6 Differing Standards Book of Photography Originality
Visual arts category Originality Refusal of “An application for a song naming the Holy Spirit as the author of the work.” Statutory directive Statutory interpretation Agency competence Fact/Law Distinction

7 Thank You Questions Welcome

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