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CA AB 412: Myths v. Facts

California Assembly Bill 412 Myths v Facts MYTH: This bill helps advance federal copyright law for emerging technologies.  FACT: AB 412 undermines and is preempted by federal copyright law and would be void upon enactment. The bill’s requirements would significantly disrupt the functioning of federal copyright law, particularly the fair use doctrine. As a result, it would face successful legal…

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A note from Re:Create: Who’s Demanding Expansions and Exemptions?

By: Brandon Butler

The federal government recently sought input on what should be included in a federal “AI Action Plan,” and the responses of two companies drew a series of stark headlines: “OpenAI and Google ask for a government exemption to train their AI models on copyrighted material,” “OpenAI and Google ask the government to let them train AI on content they don’t…

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Statutory Damages and Why it Matters

By: Brandon Butler

Statutory Damages: Copyright law provides plaintiffs that register their copyrights prior to an alleged infringement with statutory damages, meaning they can recover damages from infringers regardless of whether the rightsholders have suffered any actual injury. Statutory damages currently range between $750 and $30,000 for each work infringed and up to $150,000 in cases involving willful infringement. Statutory damages are unpredictable,…

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A note from Re:Create: The Unbearable Contradictions of “Fairly Trained”

By: Brandon Butler

The money and attention swirling around artificial intelligence has attracted a pitch almost as old as copyright itself: in the midst of uncertainty, precarity, and technological change, an individual author can leverage their copyrights to stop change, to cash in, or both. Among the folks dining out on this idea is Ed Newton-Rex, UK-based propagator of the “Statement on AI…

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