At the same AI and copyright round-table referred to in my last post, Stephen Carlisle of Nova Southeastern University posed this question: Is the application of “transformative” analysis under the fair use doctrine threatening to extinguish the derivative works right? This grabbed my attention, partly because it jibed with comments I made in at least two posts about Brammer v. ...
I recently attended a round-table discussion on the subject of artificial intelligence and copyright. The first of several engaging topics I thought warranted a post was the question of “machine learning,” which I put in quotes here with respect to one scholar who admonished against anthropomorphizing AI by using words for human activities to describe the actions of computers. I ...
I’ve been traveling and am, therefore, late to mention that the hotly-contested EU Copyright Directive passed last week. Not surprisingly, the usual critics have spared little hyperbole referring to the new legislation as the “end of the open internet” and a “disastrous decision.” Meanwhile, many of the copyright proponents I know view the directive as having had the teeth negotiated out of ...
Oral arguments were presented this week at the Fourth Circuit Court of Appeals in the case of Brammer v. Violent Hues Productions, Ltd. I first wrote about this story in June of 2018 after a district court in Virginia concurred with an incomprehensible fair use defense—one with implications that threaten the interests of copyright owners in every category. To quote ...
In response to a recent social media dustup, Mike Masnick writes on Techdirt, “…we’ve got quite a story today about how copyright is a total mess and not really fit for the way the internet works today.” To his credit, Masnick does a solid job describing both the circumstances and the legal mechanisms relevant to a conflict that arose when ...
