A note from Re:Create: The Unbearable Contradictions of “Fairly Trained”
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…
Read More2 Errors Limit The Potential Influence Of AI Fair Use Case
: Originally Posted On: Law360The first big artificial intelligence fair use legal opinion is out,[1] and it was a surprising loss for AI developer ROSS Intelligence,[2] whose AI training was found to infringe copyrights held by Thomson Reuters,[3] owner of legal publisher Westlaw. Attorneys and others who care about fair use and emerging technology have watched this case closely as a possible harbinger of…
Read MoreAnother Year, Another Bill to Give Big Content (and Little Trolls) Power Over Creativity Online
What if you woke up one day to discover that a website you use almost every day seemingly no longer exists? Instead, when you enter the website’s URL, you see a splash page informing you that the site has been blocked in the U.S. pursuant to a federal court order. Or maybe you just get a 404 error. Unfortunately, if…
Read MoreA note from Re:Create: Why Ross Was a Dead End, and a Cautionary Tale
The forces of rent-seeking and monopoly notched a victory earlier this month when a district court in Delaware ruled that an AI-powered legal search engine trained on questions based on factual restatements of public domain legal opinions was somehow a threat to human creativity. As the first case to apply fair use to a self-described artificial intelligence tool, the opinion…
Read MoreArtificial Intelligence, Creativity, and Copyright
: Originally Posted On: Project Disco Read MoreU.S. Copyright Law Glossary of Key Terms
Understanding our nation’s copyright law is important, but also complex. The below glossary of key copyright terms is a resource to help promote informed discussions about copyright policy. The US Copyright Office: Housed within the Library of Congress, the US Copyright Office (USCO) is the United States government body that creates and maintains records of copyright registrations and other transactions, provides deposit…
Read MoreNotice and Takedown and Why it Matters
Notice and Takedown: Housed within section 512(c) of the Copyright Act, Notice and Takedown is a process in which a copyright holder can report allegedly infringing content posted by a user online to the relevant online service provider (OSP), who then removes it upon review. The alleged infringer has an opportunity to issue a “counter-notice” certifying that their use is…
Read MoreA note from Re:Create: The Copyright Office Gets Copyrightability Right
Last week, the US Copyright Office published the second report in its series on artificial intelligence and copyright. As James Grimmelmann told The Washington Post, “If you make art with the help of AI, it’s copyrightable. If you ask AI to make art for you, it’s not.” The Office also concluded that “the case has not been made” for a…
Read MoreRe:Create Letter to 119th Congress: Advancing a Pro-Innovation, Pro-Creator, Pro-Consumer Copyright Agenda
Re:Create is a coalition founded to engage policymakers and the public on how balanced copyright enables free expression, creativity, and innovation. Collectively, the members of Re:Create represent over 100,000 libraries that are visited by the public 1.5 billion times per year; public interest think tanks and legal teams that fight censorship by repressive regimes globally and defend free expression, privacy,…
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