Writing By topic: Copyright Law · Law & AI · AI as a Legal Technology2026Nov 11The AI & Law Concentration at Emory LawOct 29My amicus brief in the OpenAI/Microsoft generative AI copyright litigationSep 12Some advice on effective and responsible use of generative AI in memos and presentationsSep 10The unwritten and the unreadSep 2DOJ Enters the AI Copyright Fight — and Mostly Gets It RightAug 18I Wrote a Primer on Law and AIJul 25AI, Accommodations, and Assessment IntegrityApr 82026 Legal Scholars Roundtable on Artificial IntelligenceMar 23David Kemp’s AI Policy Builder for Legal EducationMar 11The Fallacy of CompressionMar 11Copyright’s Jagged FrontierJan 22Legal Scholars Roundtable on Artificial Intelligence 2026 Call for Papers2025Dec 11The Mouse and the Model: the Disney-OpenAI DealNov 21A handful of cherries does not make a sundaeNov 6Copyright Winter is Coming (to Wikipedia?)Oct 30Legal Scholars Roundtable on Artificial Intelligence 2026 (save the date)Oct 15Competition from AI music, Country Girls Make DoSep 24Skater Beagle and the Puzzle of AI CreativitySep 18Drafting Law School AI PoliciesSep 11Piracy, Proxies, and Performance: Rethinking Books3’s Reported GainsApr 2Emory Law AI Roundtable 2025Mar 20Copyright and the AI Action PlanFeb 11Thomson Reuters v. ROSS Intelligence (Summary Judgement)2024Oct 3Book Review: Nick Seaver, Computing Taste: Algorithms and the Makers of Music RecommendationAug 8London Marathon!Feb 21A response to Lee and GrimmelmannFeb 12Third Annual Legal Scholars Roundtable on Artificial Intelligence 2024,2023Jul 24ABA Webinar on Scraping/Mining Public-Facing Information for Generative AIJul 24My testimony to the US Senate Judiciary Subcommittee on IP re: Copyright and AIJun 1Law School Academic Impact Rankings, with FLAIR2022Dec 6Second Annual Legal Scholars Roundtable on Artificial Intelligence 2023Oct 17Lessons for Empirical Studies of Copyright Litigation … A Case Study of Copyright InjunctionsAug 9I have moved to Emory University School of LawJan 26Legal Scholars Roundtable on Artificial Intelligence: Call for Papers2019Aug 20So, you got a copyright infringement demand letter from Higbee & Associates?Aug 15NEH grant awarded to build legal literacies for text data miningAug 9The missing theory of transformative useAug 5Extended Readings on Copyright just launchedMay 10I am dyslexicApr 4Text Analysis and LawFeb 9Extended Readings on CopyrightFeb 8Chicago Marathon 20192018Nov 1Text mining, analysis, and forecasting Supreme Court oral argumentSep 28Slides for my Global Congress 2018 presentation on text data miningAug 10IPSC 2018 Slides from my talk on Legal Infrastructure for Text Data MiningAug 7Neglect, but only of my website2017Nov 15NAFTA must include fair use commitmentsOct 19An all new election law course at Loyola Law Chicago in 2018May 25Text Mining, Non-Expressive Use and the Technological Advantage of Fair UseMay 5Biotech and IP Workshop at Loyola Law Chicago TodayMay 4The DMCA Safe Harbors With Brief Annotations of Important CasesMar 17Defense Against the Dark Arts of Copyright Trolling is now forthcoming in the Iowa Law Review.Mar 10Internet Safe Harbors and the Transformation of Copyright Law will be published in the Notre Dame Law ReviewMar 10Prenda is gone, but copyright trolling continues2016Dec 22My letter to the Illinois AG re eBay’s Buyer Protection ProgramDec 17Are eBay sellers the ultimate customer, or the ultimate consumable? #brickscamDec 14One More Sign World Is Shrinking – eBay is for SuckersAug 15Copyright Trolling in Chicago (17980 IP addresses and counting)Aug 12Is software expressive? Yes, but who cares? #IPSC16Jul 8Loyola is hosting the Society for Economic Research on Copyright Issues Annual Meeting TodayApr 27Getty’s high-resolution competition law complaint against Google in the EUApr 19CREATIVE DIGITAL ARTS — Event AnnouncementApr 11#DMCA512 Comments and KeywordsFeb 15Some thoughts on Malibu Media’s recent loss and its implicationsFeb 2Shrinking Linking? GS Media BV v Sanoma Media NetherlandsJan 14Patent Reform is Working, Everywhere but the Eastern District of Texas?Jan 6My 2015 IP Litigation data is now available for replicationJan 5(4/4) 2015 Data on the geographic distribution of US IP litigationJan 5(3/4) 2015 Data on Patent Litigation in the USJan 5(2/4) 2015 Data on Copyright Litigation in the USJan 5(1/4) 2015 Data on IP Litigation in US District Courts2015Nov 6Copyright Scholarship RoundtableOct 16Second Circuit clears the last hurdle for Google Book SearchAug 20Some cool graphs from my paper on IP litigation in US district courtsAug 4Slides for my presentation on empirical studies of copyright litigationApr 19How is it that Nazi’s got to keep their copyrights?Apr 17Some thoughts on Fair use, Transformative Use and Non-Expressive UseApr 5Cited in Kimble v. Marvel supreme court brief re patent misuseFeb 26New empirical study of IP litigation in US District CourtsFeb 2“Vaccines lead to shark attacks.” I said it, it must be true.Jan 20Is IP property? An outline of the debate.2014Dec 5Surreal Testimony on Copyright Issues in Education and for the Visually ImpairedNov 21#Aereo was always doomed to failNov 18Comments on Joseph Fishman, “Creating Around Copyright” Harvard Law Review, Vol. 128, Forthcoming.Nov 18The Uncertain Scope of the Public Performance Right After American Broadcasting Companies v. Aereo, Inc.Nov 13Do not upgrade to Yosemite.Oct 21Four Internet FablesOct 4Tyler Ochoa on Flo & Eddie v. Sirius XM RadioOct 1Authors Guild v. Google will be argued in the Second Circuit on December 3rdSep 19Chicago Kent Roundtable on Empirical Methods in Intellectual PropertySep 16 Kienitz v. Sconnie Nation — transformative uses and derivative works. #FairuseSep 16Even when Judge Easterbrook is right, he is wrong. #fairuse #copyright #blaaahAug 28Less Cancer, More Birthdays. A call for donations.Aug 7Copyright and Pornography — Is now the time to panic?Aug 1Why digital humanities researchers support google’s fair use defenseJul 12Digital Humanities and Legal Scholars in Authors Guild v. Google filedJul 3Copyright Trolling Data, Updated to June 30 2014Jun 30Call for signatories: Digital Humanities Amicus in Authors Guild v. GoogleJun 19Matthew Jockers explains why you can’t read a book through snippetsJun 10Authors Guild v. HathiTrust — Libraries 3 : Authors Guild 0May 29New Copyright/Pornography Data for today’s #LSAMN14 IP PanelMay 15Updated Copyright Trolling and Pornography Data for 2014Apr 22Patent troll statistics, a correctionApr 18Some measured thoughts on patent trollsApr 18Garcia v. Google amicus briefs with very brief summariesApr 8ABC v. Aereo Supreme Court Law Professor Amicus BriefMar 27Testing my rss feedsMar 26New Jersey’s anti-Tesla laws and the car dealership racketMar 21New Copyright Troll DataMar 10A graph of John Doe suits as a percentage of all copyright cases filedMar 8Aereo, Copyright, Technological neutrality, function v. effectMar 4The awesome program notes for the 4th Internet Law Scholars Work-in-Progress Symposium.Feb 28Some illustrations to elucidate the #Aereo #copyright caseFeb 27The Supreme Court is addressing the wrong question in #Aereo.Feb 27Amici warn Supreme Court of the dangers of abstract software patents. #CLSbankFeb 1Dish Network v. ABC Amicus Brief argues No #fairuse difference btw VCR & DVR2013Dec 13Pornography and copyright trolling, some data.Nov 18United States Is versus United States AreNov 14Google Books held to be fair useNov 8University of Iowa presentation on copyright, mass digitization and the digital humanitiesNov 8Some thoughts on the use of bio photosSep 26Archives & Copyright: Developing An Agenda For Reform starts tomorrow #dh #archivescopyrightSep 24A word cloud of yesterday’s oral argument re #fairuse and #googlebooksSep 24Empirical Studies of Copyright Litigation: Can we rely on PACER’s Nature of Suit codingSep 11Australian schools make the case for fair useSep 11Ivan Sag 1949 – 2013Sep 5Who owns the copyright in my Marathon playlist?Aug 30No adjournment in Authors Guild v. Google. Oral argument is set for Sept. 23, 2013Aug 29Lessig v. Liberation Music is almost too good to be trueAug 21Code of Best Practices in Fair Use for Academic and Research LibrariesAug 9My #IPSC slides – Copyright & Compulsory LicensesJul 26Setting the record straight on fair use in the U.S.Jul 12No one prints email anymore. Use shorter email signatures.Jul 1More reactions to today’s #fairuse remand in #googlebook lawsuitJul 1Second Circuit remands the other #GoogleBook case. #FairUse determination requiredJun 16A Collection of Briefs in Authors Guild v. HathiTrustJun 7Law Reform Commission Discussion Paper urges adoption of fair use in AustraliaJun 5Digital Humanities amicus brief in Authors Guild v. Hathitrust has been filed, and is now availableMay 22Please Support the Digital Humanities Amicus Brief in AuthorsGuild v. HathitrustMay 21Fair use and (non-)compliance with other statutory exceptions (Authors Guild v. Hathitrust)May 10The phantom tollbooth — Are workable markets for library digitization licenses just around the corner?May 10The inherent dangers of digitized collections have been massively over-hypedMay 7The Multiple Copy Argument – Some thoughts on #fairuse and Authors Guild v. Hathitrust (pt4)May 2Trove and the Australian National Library’s risk management approach to orphan worksApr 30The Authors Guild, orphan works and civil rights? (Authors Guild v Hathitrust pt. 3)Apr 26Not everything is the same as everything else – Authors Guild v Hathitrust (pt. 2)Apr 26Some observations on the Authors Guild’s Appeal Brief in Authors Guild v. Hathitrust (Part 1)Apr 17Some thoughts on the correct pronunciation of SagApr 12The digital humanities is alive and well in South Bend, IndianaApr 2Richard Stallman will be joining us at Loyola Chicago to discuss Patents, Innovation and the Freedom to Use Ideas. Should be interesting.Apr 2Symposium on Copyright Law and Gray Market Goods, John Wiley & Sons v. KirtsaengMar 26I am the University of Technology Sydney today to make friends with the robots and talk about copyrightMar 8Your TV is watching you – Where does it end?Mar 5Melbourne Law School Faculty Research Seminar SeriesFeb 28Slides for my Australian Digital Alliance Keynote address later todayFeb 27The Imaginary Conflict Between Fair Use and International Copyright LawFeb 11x-post on running dataFeb 8The Lost Tradition of Fair Use in English and Colonial Copyright Law, Comments on Ariel Katz, Fair Use 2.0Jan 22Embracing the Digital Economy – the 2013 Australian Digital Alliance Copyright Forum2012Dec 172012 Global Congress on Intellectual Property and the Public Interest #gcongressNov 19The Authors Guild Does Not Speak for Academic AuthorsNov 10My CELS Comments on “Standards of Proof in Civil Litigation: An Experiment from Patent Law”Nov 8An Open Letter to Chicago’s Department of Business Affairs & Consumer Protection (BACP)Oct 26The Future of Orphan Works ReformOct 20HathiTrust and the Future of Orphan WorksOct 11HathiTrust Wins on Fair Use, and just about everything elseOct 4Google Book Search: Digital Humanities still needs answersOct 4Google Book, Settled and Unsettled.Sep 17The origins of fair useSep 14Global Research Network on Copyright Flexibilities in National Legal Reform Meeting in DCSep 13Brands, Competition, and the LawSep 3Our Robot OverlordsAug 29Australia, Copyright and the Digital EconomyAug 25A billion reasons to take some IP classes at law schoolAug 18more coverage of digital humanities amicusAug 16Authors Guild Unable to Silence AmiciAug 16Is Fair Use a Viable Defense for Stolen Photos?Aug 15A year of Northwestern Law Review Articles in One PictureAug 14Second Circuit to Hear Google’s Appeal of Class Action CertificationAug 14Journalists and Fair UseAug 12No Injunction in Cambridge University Press v. Becker, the Georgia State e-reserves caseAug 10Great panel at IPSC on orphan works, library digitization and fair useAug 10What is at stake in Authors Guild v. Google; Authors Guild v. HathiTrustAug 10Authors Guild asks Judge to Ignore the Digital HumanitiesAug 9Make Me Walk, Make Me Talk, Do Whatever You Please: Barbie and Exceptions, Rebecca TushnetAug 7Intellectual Property Scholars Conference