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 ...
Photo by author. This week the Supreme Court declined to consider the Authors Guild v Google case, which lets stand the Second Circuit Court ruling that Google’s use of scanned published works for its search tool Google Books constitutes a fair use. Various pundits and advocates have hailed this as a victory for the fair use principle. In fact, I ...
Given the way information tends to distort at lighting speed these days—particularly through the filter of tech v copyright referenced in my last post—I’m not surprised to read articles like this one by Ellen Duffer writing for Forbes on a thesis proposing reasons why Google Books is “good for publishers.” And it’s not that everything she says is incorrect so ...
