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https://www.nga.gov/artworks/147962-new-york-public-library

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September 22, 2026

Re:Create’s Opposition to the Introduction of the American Copyright Protection Act Makes Waves Nationally

In case you missed it, Re:Create’s opposition statement to the American Copyright Protection Act (ACPA) of 2026 (H.R. 10364) is driving the national tech policy conversation. Executive Director Brandon Butler warned that the bill models flawed “European site-blocking laws,” threatening American due process, First Amendment rights, and user privacy. Illustrating these dangers, Re:Create released a…
September 22, 2026

Brandon Butler

A note from Re:Create: No Fair Use Intended, or Why Discovery Gotchas Probably Won’t Matter in AI Training Cases

Last week, the less-redacted versions of the plaintiffs’ briefs in the OpenAI MDL were released. I was glad – the redacted versions were so heavily blacked out as to be almost unreadable: On the other hand, it was clear from context that the redactions were mostly statements attributed to people working at OpenAI or Microsoft;…
September 10, 2026

Brandon Butler

A note from Re:Create: The OpenAI MDL Briefing Shows the Plaintiffs Are Hallucinating

I hope you had a great Labor Day Weekend. I spent mine doing one of my favorite things: reading legal briefs about fair use. Specifically, I read the parties’ briefs in the gigantic consolidated OpenAI multi-district litigation (MDL) case. My takeaway? The plaintiffs are living in a fantasy world. Every legal brief rests on a…
August 24, 2026

Brandon Butler

Without Fair Use, Research on AI’s Market Impact Would Trigger Up To $2 Billion in Liability

If you’re following the AI copyright wars, you may have run across a recent study on the impact of AI use on the market for self-published books. Analyzing a sample of 14,419 ebooks, the authors examine which ones include AI-generated text and how successful these AI-assisted books are in the marketplace. The authors have been…
August 12, 2026

A note from Re:Create: A new paper on “market dilution” actually shows why it’s irrelevant to copyright

If you’re following the AI copyright wars (and readers of this blog surely are), you may have run across a recent study purporting to show the impact of authors using AI on the market for self-published books. The title says it all: “Generative AI floods and dilutes the market for books.” The study’s authors, Tuhin…
August 5, 2026

Re:Create Joins Letter Opposing NY S9934A Stealth Crawler Prohibition Act
July 28, 2026

A note from Re:Create: How So-Called “Stealth Bot” Prohibitions Put Journalists in Danger

If I could convince every policymaker of one essential principle, it would be that what’s good for the biggest content industry businesses is not always good for creative workers or the public. In fact, in many cases these business interests are in direct conflict with creative workers. The latest example comes from “stealth bot prohibition”…
July 27, 2026

Site-Blocking Poses a Massive Threat to America’s Open Internet

Aggressive EU-style site-blocking legislation is being pitched to U.S. policymakers as a “simple fix” for digital piracy, but it is no such thing. A recent report from the Centre for European Policy Studies, a peer-reviewed study, “90th Minute: A First Look to Collateral Damages and Efficacy of the Italian Piracy Shield,” and research from the…