In this episode, Bruce Boyden, Associate Professor of Law at Marquette University Law School, discusses his article "Daly v. Palmer, or the Melodramatic Origins of the Ordinary Observer," which was published in the Syracuse Law Review. Boyden's article was part of the "Forgotten Intellectual Property" symposium sponsored by Syracuse Law School. He observes that the Daly v. Palmer case provided the standard for copyright law's "ordinary observer" test for infringement for quite some time, until it was supplanted by Arnstein v. Porter. He argues that understanding Daly v. Palmer in historical context can help us better understand the development of copyright doctrine. Boyden is on Twitter at @BruceBoyden.

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