Professor Michael Carroll will publish his article, Why the Supreme Court Rejected the Prospect Theory of Copyright Scope, in the forty-second volume of the Cardozo Arts and Entertainment Law Journal. Professor Carroll discusses how the arguments brought in Google LLC v. Oracle America, Inc. and Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith were grounded in a form of “prospect theory” of copyright scope, rather than the proper scope of copyright, and were rejected by the Supreme Court. Professor Carroll further explains that, despite being rejected by the Court, prospect theory arguments are likely to return in future fair use litigation. Full article available here.