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A note from Re:Create: Judge Leval Rides Again

Last week saw the release of a new fair use opinion from Judge Pierre N. Leval, an esteemed jurist on the Second Circuit who has perhaps done more than any other judge to chart a course for fair use in the public interest. There is nothing remarkable about the facts of Romanova v. Amilus, Inc.: a photographer sued a website…

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#FairUseFridays!

It’s #FairUseFriday, where each week we celebrate how fair use is essential to everyday life and culture. From writing an essay to interacting with Instagram Reels to using a search engine, fair use enhances our daily lives. Learn more about our fair use resources below.  What is Fair Use? Fair use is a critical right that permits the public to…

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The American Law Institute (ALI)’s Copyright Restatement & Significance

Earlier this month, The American Law Institute (ALI), an organization that was founded in 1923 and works to clarify, modernize, and improve the law, approved and adopted its latest Restatement, addressing copyright law. Like its other Restatements, the ALI’s Restatement of the Law, Copyright is meant to provide guidance for judges in a complex area of law where important concepts…

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A note from Re:Create: The Copyright Office Just Told Congress to Leave AI to the Courts

In a week chock-a-block with copyright news, a popular pastime in Washington, D.C., has been trying to figure out whether the Copyright Office’s (pre-publication) report on fair use and AI training, which was released late Friday night, had been a factor in the Trump administration’s unceremonious (attempted) firing of the Register of Copyrights, Shira Perlmutter, later that weekend. I won’t…

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The Copyright Office on Fair Use and AI

: Originally Posted On: Re:Create

By Brandon Butler Re:Create Executive Director The Copyright Office’s third report on copyright and artificial intelligence has been hotly anticipated, and the political storm unfolding around the President’s attempted dismissal of the Librarian of Congress and the Register of Copyrights has only heightened the drama. The draft version of the report published last week does not live up to this…

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ICYMI: Brandon Butler Law360 Op-Ed Shares How Two Errors in the Thomson Reuters v. Ross Intelligence Case Limit The Potential Influence Of AI Fair Use Cases

As Thomson Reuters v. Ross Intelligence heads to the appellate court, we wanted to re-up Re:Create Executive Director Brandon Butler’s op-ed on the mistakes in the lower court’s opinion. Following U.S. Circuit Judge Stephanos Bibas’ February 2025 ruling in the first major AI fair use case, Butler authored an op-ed in Law360 criticizing the opinion, highlighting its potential impact on…

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