Category: fair use
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DOJ Enters the AI Copyright Fight — and Mostly Gets It Right
So, this just happened. On September 1, the U.S. Department of Justice filed a statement of interest in the sprawling OpenAI copyright litigation, In re OpenAI, Inc., Copyright Infringement Litigation, the multidistrict…
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Thomson Reuters v. ROSS Intelligence (Summary Judgement)
In a closely watched decision revising a previous summary judgment, Judge Stephanos Bibas, a Third Circuit judge sitting by designation, sided largely with Thomson Reuters in its copyright dispute against ROSS Intelligence.…
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NAFTA must include fair use commitments
I joined with over seventy international copyright law experts today in calling for NAFTA and other trade negotiators to support a set of balanced copyright principles. Policies like fair use, online safe…
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Text Mining, Non-Expressive Use and the Technological Advantage of Fair Use
On March 29, 2017, I attended a fantastic conference on “Globalizing Fair Use: Exploring the Diffusion of General, Open and Flexible Exceptions in Copyright Law” hosted by American University Washington College of…
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Second Circuit clears the last hurdle for Google Book Search
The Second Circuit ruled today that, in its present form, the library digitization that Google began over ten years ago does not infringe US copyright law. This decision was entirely predictable given the…
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Some thoughts on Fair use, Transformative Use and Non-Expressive Use
Fair use, Transformative Use and Non-Expressive Use Or, Campbell v. Acuff-Rose and the Future of Digital Technologies, notes on a short presentation at the Fair Use In The Digital Age: The Ongoing Influence…
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#Aereo was always doomed to fail
and today it filed for Chapter 11 bankruptcy. I have added some final thoughts on fair use to my review of the Aereo decision. You can download the Article from ssrn at…
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Authors Guild v. Google will be argued in the Second Circuit on December 3rd
This means we could get a decision before the case’s 10 year anniversary! Docket Number: 13-04829 in United States Court of Appeals for the Second Circuit Title: The Authors Guild v. Google,…
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Kienitz v. Sconnie Nation — transformative uses and derivative works. #Fairuse
Some additional thoughts on the 7th Circuit’s decision in Kienitz v. Sconnie Nation LLC, No. 13-3004 (7th Cir. Sept. 15, 2014). Judge Easterbrook expressed some skepticism today over the Second Circuit’s decision in Cariou v.…
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Even when Judge Easterbrook is right, he is wrong. #fairuse #copyright #blaaah
I have been wanting to blog about the 7th Circuit’s appalling decision in Kienitz v. Sconnie Nation LLC, No. 13-3004 (7th Cir. Sept. 15, 2014) since I read it — exactly seven twenty minutes ago.…