In February 2023, I argued that using copyrighted works for the purpose of training generative artificial intelligence (GAI) products is not fair use. My view in that post was, and remains, that because the purpose of copyright law is to promote authorship, and authorship is human as a matter of doctrine, then a purpose which replaces authorship is facially antithetical ...

The most prominent copyright lawsuit against Generative AI (GAI) to date dropped yesterday when the major record labels filed complaints against developers Suno and Udio in the District of Massachusetts and the Southern District of New York respectively. This is going to be one to watch, not just because of the size of the plaintiffs and the potential for significant ...

When Internet Archive lost resoundingly in the Hachette (book publishers) case, the court rejected its cockamamie legal theory called controlled digital lending (CDL). Then, when a group of record labels (UMG et al.) filed suit against IA for infringing reproduction, distribution, and performance of sound recordings, I wrote at the time that there’s no way IA has an unfounded theory ...

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