Shishene Jing argues that the fair use doctrine's central question—whether a use is sufficiently transformative to avoid licensing requirements—breaks down when applied to AI. Transformativeness worked as a test because transformative uses rarely competed financially with the originals. AI training severs that relationship, as it is both the most transformative use of copyrighted material and the use best equipped to displace their markets.
In new research, Christian Peukert and Margaritha Windisch review how copyright laws and practices have evolved to adapt to new technologies and discuss the various issues scholars and policymakers must address as copyright law is once again forced to adapt to the emergence of artificial intelligence.
Walt Disney Co.’s efforts to protect its copyright over the famous anthropomorphic mouse are the subject of a new Stigler Center case study.
This Sunday...
The excesses of IP law are now a serious obstacle to innovation and economic growth.
In the rogues’ gallery of regulatory rent-seeking, copyright and patent...