“Where AI merely assists an author in the creative process, its use does not change the copyrightability of the output. At the other extreme, if content is entirely generated by AI, it cannot be protected by copyright.” – Copyright and Artificial Intelligence Part 2, Copyrightability, USCO – Last week, the U.S. Copyright Office released Part 2 of a planned three-part ...
“One might expect a 140-year history of Supreme Court precedent would have led to a grant of summary judgment below, sparing everyone unnecessary time and money,” states the brief for Jeffrey Sedlik to the Ninth Circuit Court of Appeals. “Copyright infringement should have been decided by the district court as a matter of law, not at trial by a poorly-instructed ...
Many copyright scholars refer to England’s Statute of Anne (1710) as the “first authors’ copyright law,” but I quarrel with that summary. In that year, and for many decades to follow, English “rights” for authors were too intertwined with the Crown’s authority to sanction publication of works for us to think of the Statute of Anne as affirming copyright rights ...
Now that the December 3rd deadline has passed for Internet Archive to file for cert with the Supreme Court, the copyright case litigated by book publishers Hachette et al. is closed. The Second Circuit decision will stand, finding that IA’s legal theories were without merit—theories I have discussed in multiple posts and will not rehash again here. I have also ...
A common disparagement of copyright advocacy is that it is anti-technology. Despite overwhelming evidence that professional creators are early adopters of new technlogical developements, the talking point persists that enforcing the rights of creators can only “stifle innovation.” This “Luddite” critique of copyright rights was used to defend the predatory models of social and streaming platforms (and defend outright piracy), ...
