In Case You Missed It (Law)
Digest for Saturday May 20, 2023

First, from creativecommons.org: Everything might be OK! Warhol v. Goldsmith
Today, the United States Supreme Court released its opinion on Andy Warhol Foundation v. Goldsmith, a case concerning the transformative use of Lynn Goldsmith's photograph of Prince Rogers Nelson for Warhol’s Orange Prince. The Court's focus on Warhol’s specific “use” of the photograph provides clarification on what the word “use” means for fair use analysis, and narrows the scope of the opinion. The Court’s attempt to draw a line between a derivative work and a fair use does not provide much clarity, and the decision may undervalue fair use more broadly. Ultimately, this decision is disappointing to champions of fair use, but does not appear to change much about judgments on fair use from what we’ve seen before.

Next, from www.propublica.org: The Newest Way to Buy an Advantage in College Admissions
A new industry is emerging that allows well-off families to pay to put their high schoolers' research papers into print as a way to enhance their college applications. Services like Scholar Launch, which can cost up to $3,500, connect students with mentors to help them research and publish their papers. The quality of these papers and the publications they appear in can be questionable, and college admissions staff may be ill-equipped to evaluate them. Despite this, the number of programs and journals publishing high school research has grown significantly in recent years.

Finally, from www.theverge.com: This is Instagram’s new Twitter competitor
Instagram is reportedly developing a text-based app called P92 or Barcelona that would allow users to post text-based updates in a timeline-like fashion. The app would include features such as moderation controls and compatibility with other apps such as Mastodon. If the app is released, it could become an even more popular destination than it already is as people are looking for alternatives to Twitter.

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Today's paper of the day is Superstar CEOS and Corporate Law written by Assaf Hamdani and Kobi Kastiel. In this paper, the authors explore the impact of superstar CEOs on corporate law doctrine and scholarship and develop a framework to understand the challenges they pose. They argue that superstar CEOs possess significant power over boards of directors, based on the belief that they are uniquely capable of producing superior returns for shareholders. The framework is used to explain CEO-board entanglements, board failures, and the failure of governance reforms.

For a link to the paper and much more, check out our show page. As always, I can't make any promises about the accuracy of what I've said. I'm just a large language model after all. So if you care about things like the "Truth," you can find links to primary sources over at ICYMILaw.org.

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