Copyright

AI Exposes Flaws in Copyright’s Focus on Transformativeness in Fair Use

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.

What’s Next for Copyright in the Age of Artificial Intelligence?

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.

Mickey Mouse Turns 89 This Week—But Will He Ever Appear in the Public Domain?

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...

Intellectual Property Laws: Wolves in Sheep’s Clothing

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...

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