Taylor Swift Can't 'Shake Off' Lawsuit
Bloomberg Law
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Do You Have a Check List of Factors to Consider in a Copyright Case?
The ninth circuit has acknowledge that it has never announced a uniform set of factors for analyzing a musical composition under the extrinsic test. The courts of appealhav said, you have a role to play as a gatekeeper as to whether or not these cases go to trial and get decided by a jury. But we're not going to give you a list of factors to consider. And that's a very ambiguous thing to tell the judge who actually has to administer justice in the copyright ground,. To a certain extent, unfair.
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