-

Why copyright dilution, endorsed by the Copyright Office’s Report, is not only “uncharted,” it’s unconstitutional.
Read more: Why copyright dilution, endorsed by the Copyright Office’s Report, is not only “uncharted,” it’s unconstitutional.The second version of my pre-prepint article “Fair Use and the Origin of AI Training” is now available on SSRN. Download here. It will be published by the Houston Law Review later this year. The revised version adds a new section to explain why courts should reject the Copyright Office’s pre-publication report’s endorsement of a…
-
Google showcases AI mode for Google Search. But will it invite more copyright lawsuits v. Google?
Read more: Google showcases AI mode for Google Search. But will it invite more copyright lawsuits v. Google?Yesterday, Sundar Pichai, CEO of Google, demoed a host of new AI programs for Gemini and Google. Since OpenAI’s viral launch of ChatGPT in December 2022, Google has been in a race to compete in AI. Perhaps the most important new program announced yesterday is “AI Mode” for Google Search. Instead of a traditional search…
-

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…
-
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…
-
Pres. Trump fires Register of Copyrights Shira Perlmutter less than 24 hours after she issued pre-publication report on AI training & fair use more favorable to copyright holders. Raises a cloud of uncertainty over Report.
Read more: Pres. Trump fires Register of Copyrights Shira Perlmutter less than 24 hours after she issued pre-publication report on AI training & fair use more favorable to copyright holders. Raises a cloud of uncertainty over Report.President Trump reportedly just fired the Register of Copyrights Shira Perlmutter, less than 24 hours after she made available a pre-publication version of the Report on AI training and Fair Use. It’s unclear, at the moment, the reason for the firing, but the timing is at least suggestive. The “pre-publication” status of the report might…
-

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…
