Fair Use Isn’t Optional: Judges Can Help Reclaim It for Creators
Fair use is more than an “affirmative defense” that a party in default waives. This post goes into details about the procedural aspect of the fair use defense.
Authors Alliance Submits Comment to FTC, Highlighting Copyright Misuse on Technology Platforms
Our comment urges the agency to examine how copyright enforcement mechanisms on major technology platforms are harming independent creators and undermining the constitutional principles behind copyright laws.
China’s Controversial Court Rulings on AI Output—and How It May Affect People in the US
Chinese courts are recognizing AI-generated works as copyrightable, and these rulings could potentially impact those in the US under certain circumstances.
Updates on AI Copyright Law and Policy: Section 1202 of the DMCA, Doe v. Github, and the UK Copyright and AI Consultation
Authors Alliance has been closely monitoring the impact of Digital Millennium Copyright Act (DMCA) Section 1202, and we have been watching the development in UK copyright law closely. Here are some updates.
Thomson Reuters v. Ross: The First AI Fair Use Ruling Fails to Persuade
Facts of the Case On February 11, Third Circuit Judge Stephanos Bibas (sitting by designation for the U.S. District Court
AUTHORS ALLIANCE SUBMITS AMICUS BRIEF IN SEDLIK v. DRACHENBERG
The case Sedlik v. Drachenberg, currently pending before the 9th Circuit, presents the 9th Circuit a first opportunity to interpret the fair use right in the wake of the Warhol decision. Anticipating the far-reaching consequences for artists and authors, Authors Alliance filed an amicus brief in support of KVD. In our brief, we explained that (1) a distinct purpose is required for the first factor to tilt in favor of fair use, (2) a successful social media presence does not automatically render all postings “commercial,” and (3) concrete evidence is needed to prove the existence of a licensing market or the likelihood of it developing.
Restricting Innovation: How Publisher Contracts Undermine Scholarly AI Research
This post is by Rachael Samberg, Director, Scholarly Communication & Information Policy, UC Berkeley Library and Dave Hansen, Executive Director,
Hachette v. Internet Archive Update: Second Circuit Court of Appeals Rules Against Internet Archive
We got a disappointing decision yesterday from the Second Circuit Court of Appeals in the long-running Hachette v. Internet Archive
Fair Use Week 2023: Looking Back at Google Books Eight Years Later
This post is authored by Authors Alliance Senior Staff Attorney, Rachel Brooke. More recent members and readers may not be
Fair Use Week 2023: How to Evade Fair Use in Two Easy Steps
This post is by Dave Hansen and also posted to the Fair Use Week blog here. Fair use is an