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My paper on “Fair Use and the Origin of AI Training.” Or why the Copyright Office Report is wrong about fair use and why courts should reject its view.
Read more: My paper on “Fair Use and the Origin of AI Training.” Or why the Copyright Office Report is wrong about fair use and why courts should reject its view.I am happy to share my latest law review article, “Fair Use and the Origin of AI Training,” forthcoming in Houston Law Review in the fall. Download a preprint copy of my paper at SSRN by following this link. Main points in my article, “fair use and the origin of ai training” The origin of…
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Opinion: Why the Copyright Office’s “pre-publication” Report is flawed–both procedurally and substantively.
Read more: Opinion: Why the Copyright Office’s “pre-publication” Report is flawed–both procedurally and substantively.The dust is still settling in the aftermath of the Copyright Office’s issuance of a “pre-publication” version of its long-awaited Report analyzing the issue of fair use in AI training. A cloud now hangs over the Report–and whether it’s DOA–following President Trump’s firing of the Register of Copyrights Shira Perlmutter less than 24 hours after…
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US Copyright Office issues pre-publication version of 3rd Report on AI Training and Fair Use. AI training is transformative, but degree depends on how AI functions. Supports new market dilution theory of harm under Factor 4.
Read more: US Copyright Office issues pre-publication version of 3rd Report on AI Training and Fair Use. AI training is transformative, but degree depends on how AI functions. Supports new market dilution theory of harm under Factor 4.On late Friday, the U.S. Copyright Office issued its long-awaited report on AI training and fair use. It’s labeled “Pre-publication Version,” though it says no substantive changes will be made. UPDATE on May 8: President Trump reportedly fired Shira Perlmutter, the Register of Copyrights, which now raises a cloud of uncertainty over whether this report…
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Expressing skepticism of both sides’ arguments, Judge Chhabria poses 12 Questions on fair use & pirated books
Read more: Expressing skepticism of both sides’ arguments, Judge Chhabria poses 12 Questions on fair use & pirated booksAhead of Thursday’s hearing on the summary judgment motions, Judge Chhabria issued an order at 3 PM PT for the parties’ lawyers to be prepared to answer. These are all excellent questions–showing the Judge has dissected the parties’ arguments with probing scrutiny. If I were a lawyer doing the argument, I would not be getting…
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After adding White & Case lawyers, ROSS Intelligence asks Judge Bibas to certify copyrightability and fair use for interlocutory appeal
Read more: After adding White & Case lawyers, ROSS Intelligence asks Judge Bibas to certify copyrightability and fair use for interlocutory appealAfter adding lawyers from White & Case, including appellate specialists, ROSS Intelligence asks Judge Bibas to certify copyrightability of headnotes and fair use questions to Third Circuit for interlocutory appeal. ROSS cites Judge Bibas’ own conflicting decisions. This seems like a long shot with the trial date in May looming. But this case has had…
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What are the odds the Supreme Court finds AI training is fair use (versus infringement)?
Read more: What are the odds the Supreme Court finds AI training is fair use (versus infringement)?It’s interesting to listen to people’s reactions to Judge Bibas’s stunning reversal in ruling that ROSS Intelligence’s training of its AI model on copyrighted Westlaw headnotes for uncopyrightable judicial decisions was not transformative or different in purpose, and, ultimately, not a fair use. Jason Calacanis of the All In podcast interpreted the decision as suggesting…
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Judge Bibas Then and Now on fair use in training AI models. Side by side comparison of Judge’s analysis.
Read more: Judge Bibas Then and Now on fair use in training AI models. Side by side comparison of Judge’s analysis.It’s useful to compare Judge Bibas’s fair use analysis of the purpose of the defendant ROSS’s use of Westlaw’s copyrighted headnotes for legal decisions. Two things are apparent: 1. While Judge Bibas cautioned in 2023 about “over-reading” the Warhol decision, Judge Bibas in 2025 basically has read Warhol to apply in a way that eliminates…
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Parties in Nazemian, Dubus v. NVIDIA submit case management statement
Read more: Parties in Nazemian, Dubus v. NVIDIA submit case management statementThe Nazemian and Dubus plaintiffs and NVIDIA submitted their case management statement to Judge Tigar. A preview of their fair use arguments: Plaintiffs’ PositionThe legal and factual issue at the core of this case is whether Defendant’s unlawful copying has violated the Copyright Act, 17 U.S.C. § 501, et seq. NVIDIA has indicated that it…
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Judge Bibas holds crucial hearing on SJ motions re: infringement, fair use in Thomson Reuters v. ROSS Intelligence
Read more: Judge Bibas holds crucial hearing on SJ motions re: infringement, fair use in Thomson Reuters v. ROSS IntelligenceJudge Bibas is currently holding the hearing on the cross-motions for summary judgment in Thomson Reuters v. ROSS Intelligence in Philadelphia. (Unfortunately I’m not at the hearing.) ORAL ORDER: The summary judgment hearing will be held beginning at 10 a.m. EST on December 5, 2024, in the James A. Byrne U.S. Courthouse, Courtroom 10-B, in Philadelphia, PA.…