Skilled in the Art With Scott Graham (Oct. 14, 2022)

Director William H. Milliken was quoted in the article “Skilled in the Art With Scott Graham,” published by Law.com. From the article:

“Will a middle ground be “useful”? Justices Kagan, Barrett and Brett Kavanaugh quizzed Assistant to the Solicitor General Yaira Dubin about the U.S. government’s proposed test, which would hold that copying must be necessary (as with parody) or at least ‘highly useful’ (as with book reviews), to qualify under Factor 1. Sterne Kessler Goldstein & Fox director Will Milliken, who live tweeted the arguments Wednesday, said afterward that ‘necessary’ would be fairly easy to implement. Highly useful? Not so much.

‘There would probably be quite a bit of litigation in the future about what does it mean to be useful, and how useful does it have to be to borrow from the original to make your follow-on use fair,’ he said. ‘The ‘necessary’ part of the test is a lot clearer than the ‘at least useful.'”