This month marks the 10th anniversary of the founding of Re:Create, a diverse coalition of 19 member organizations, including libraries, civil society groups, technology companies, online rights advocates and startups, launched to promote a balanced copyright framework that supports fair use, innovation, creativity, and consumer rights. Since its inception, Re:Create has championed balanced copyright policies that protect a free and…

Content Filtering: Content filtering is the use of digital technology to act automatically on content that is shared, stored, or published by a digital platform or service provider. Nothing in the copyright law requires content filtering, and safe harbors in Section 512 of the DMCA ensure that internet service providers, including platforms for user generated content, are not held liable…

Rightsholders have waged an aggressive campaign about the alleged harmfulness of AI training. When that rhetoric is put to the test in court, however, they keep coming up short. Last year, the Southern District of New York tossed claims for removal of “copyright management information” in AI training, explaining that there was no harm alleged, so no standing to sue….

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…

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…

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,…