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A note from Re:Create: The Unbearable Contradictions of “Fairly Trained”

By: Brandon Butler

The money and attention swirling around artificial intelligence has attracted a pitch almost as old as copyright itself: in the midst of uncertainty, precarity, and technological change, an individual author can leverage their copyrights to stop change, to cash in, or both. Among the folks dining out on this idea is Ed Newton-Rex, UK-based propagator of the “Statement on AI…

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2 Errors Limit The Potential Influence Of AI Fair Use Case

By: Brandon Butler

As seen in Law360. The first big artificial intelligence fair use legal opinion is out,[1] and it was a surprising loss for AI developer ROSS Intelligence,[2] whose AI training was found to infringe copyrights held by Thomson Reuters,[3] owner of legal publisher Westlaw. Attorneys and others who care about fair use and emerging technology have watched this case closely as…

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A note from Re:Create: Why Ross Was a Dead End, and a Cautionary Tale

By: Brandon Butler

The forces of rent-seeking and monopoly notched a victory earlier this month when a district court in Delaware ruled that an AI-powered legal search engine trained on questions based on factual restatements of public domain legal opinions was somehow a threat to human creativity. As the first case to apply fair use to a self-described artificial intelligence tool, the opinion…

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Notice and Takedown and Why it Matters

Notice and Takedown: Housed within section 512(c) of the Copyright Act, Notice and Takedown is a process in which a copyright holder can report allegedly infringing content posted by a user online to the relevant online service provider (OSP), who then removes it upon review. The alleged infringer has an opportunity to issue a “counter-notice” certifying that their use is…

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A note from Re:Create: The Copyright Office Gets Copyrightability Right

By: Brandon Butler

Last week, the US Copyright Office published the second report in its series on artificial intelligence and copyright. As James Grimmelmann told The Washington Post, “If you make art with the help of AI, it’s copyrightable. If you ask AI to make art for you, it’s not.” The Office also concluded that “the case has not been made” for a…

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Re:Create Letter to 119th Congress: Advancing a Pro-Innovation, Pro-Creator, Pro-Consumer Copyright Agenda

Re:Create is a coalition founded to engage policymakers and the public on how balanced copyright enables free expression, creativity, and innovation. Collectively, the members of Re:Create represent over 100,000 libraries that are visited by the public 1.5 billion times per year; public interest think tanks and legal teams that fight censorship by repressive regimes globally and defend free expression, privacy,…

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Re:Create Statement on USCO AI Report Pt 2

Washington, D.C. – Following the U.S. Copyright Office (USCO) release of part two of its report on Copyright and AI, focusing on the copyrightability of AI outputs, Re:Create Executive Director Brandon Butler issued the following statement.  “Re:Create welcomes the U.S. Copyright Office’s latest report on AI, and we applaud the office for concluding  that our existing balanced copyright framework is…

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