Glaring Omissions from the Kadrey v. Meta Hearing — “…the hearing included little or no discussion of three key points that must be considered as part of any AI training fair use analysis: (1) under the first factor, whether the use was commercial or transformative and the ultimate purpose of the output, (2) the effect of Warhol v. Goldsmith on transformativeness and justification, and (3) the robust and growing market for AI licensing.”
Judge on Meta’s AI training: “I just don’t understand how that can be fair use” — “‘You have companies using copyright-protected material to create a product that is capable of producing an infinite number of competing products,’ Chhabria said. ‘You are dramatically changing, you might even say obliterating, the market for that person’s work, and you’re saying that you don’t even have to pay a license to that person.'”
AAP’s Annual Meeting: Stark Comment on AI and Copyright — “We need to acknowledge the stakes here and recognize the fight we’re in. This is a battle taking place in the public square, on university campuses, and in global capitals all around the world. Our opponents are lobbying for AI exceptions to copyright for national security reasons that will turn over our global IP leadership to bad actors and nation-states that have the exact opposite effect as intended by beginning a rapid race to the bottom.”
Copyright after Loper Bright: New Challenges for the Copyright Office? — “While Loper Bright overrules Chevron deference and reasserts the judiciary’s primary role in statutory interpretation, its impact on copyright law is likely to be limited. Courts have historically applied Chevron sparingly in this area, often relying instead on direct statutory interpretation or the Skidmore framework. Even in cases where Chevron was invoked, courts frequently engaged in their own independent analysis or found clear congressional delegations of authority to administrative bodies.”
India panel to review copyright law amid legal challenges to OpenAI — “The memo, which is not public, said the commerce ministry set up a panel of eight experts last month to examine issues related to AI and their implications for India’s copyright law. The experts have been tasked to ‘identify and analyze the legal and policy issues arising from the use of artificial intelligence in the context of copyright,’ the memo added.”