Democracy dies in darkness according to the motto of the Washington Post, and this is, of course, just one of many phrases reciting the axiomatic theme that credible and responsibly reported information is the blood of a democratic society like the United States. If true, then why has the “information age” brought democracy itself to the brink of destruction?  There ...

On Wednesday, January 31, the Senate Judiciary Committee presided over a dramatic hearing entitled Big Tech and the Online Child Sexual Exploitation Crisis. The gallery was filled with family members representing young victims of sexual exploitation, drug-related deaths, and adverse mental health effects of social media that can lead to chronic illness and suicide. The witnesses who provided testimony and ...

By now, many people who pay attention to artists’ rights have read the David Segal New York Times story published on January 13 about the amateur folk duo Bad Dog discovering their songs on major streaming platforms, but with different titles and attributed to a different creator. In what should be a surprise to nobody, it is easy to game ...

The acronym stands for No Artificial Intelligence Fake Replicas and Unauthorized Duplication. Introduced as a discussion draft by Rep. Maria Salazar et al., the No AI FRAUD Act would create a novel form of intellectual property in direct response to the use of AI to “clone” a likeness. With parallels to right of publicity (ROP) law, combined with a copyright-like, ...

Lately, we’ve seen several headlines and comments from tech giants say that AI ventures simply cannot succeed if they are forced to contend with the copyrights in the billions of works they have scraped for the purpose of machine learning (ML). When these headlines are paired with the rampant assertions that ML is inherently fair use—a subject addressed in last ...

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