After the Supreme Court’s decision in AWF v. Goldsmith restored what many of us view as common sense to the fair use doctrine of transformativeness, the flurry of litigation against AI developers will test the same principle in a different light. As discussed on this blog and elsewhere, caselaw has produced two frameworks for considering whether the “purpose and character” of ...
As reported by Insider last week, the Andreessen Horowitz VC firm a16z, complains that potential copyright liability for AI developers could harm the interest of their investors. “Imposing the cost of actual or potential copyright liability on the creators of AI models will either kill or significantly hamper their development,” they state, as quoted by Kali Hays. Sympathy for the ...
A lot of world-shaking events have occurred since 2018, when the CASE Act was introduced for the purpose of creating a small-claim copyright alternative, now known as the Copyright Claims Board (CCB). After a pandemic, an attempted coup d’ etat, and other jaw-dropping moments, it’s easy to forget all the ululating noise produced by the Electronic Frontier Foundation, Fight for ...
On October 30, Judge Orrick of the Northern District of California largely granted the AI companies’ motions to dismiss the class-action complaints filed by Sarah Andersen, Karla Ortiz, and Kelly McKernan on behalf of all visual artists whose works have been used without permission for the purpose of “training” generative AI models. Several complaints were dismissed with leave to amend, ...
Below are the responses I submitted to selected questions in the U.S. Copyright Office Notice of Inquiry and request for comments on artificial intelligence. 8.1. In light of the Supreme Court’s recent decisions in Google v. Oracle America and Andy Warhol Foundation v. Goldsmith, how should the “purpose and character” of the use of copyrighted works to train an AI ...
