“Midjourney is the quintessential copyright free-rider and a bottomless pit of plagiarism.” Well, there it is. If you had been wondering whether and when the major studios would file a copyright infringement suit against a developer of generative AI (GAI), it finally happened on June 11. Disney and its subsidiaries, along with Universal Studios, filed a complaint against developer Midjourney ...

Although I have expressed aspects of these views in several posts over the past couple of years, I will try to consolidate my opinion as to why GAI training with protected creative works is a more problematic fair use consideration than many, even the courts, seem to believe. I acknowledge that even fellow copyright advocates will disagree with some of ...

I have not commented on developments since May 13 because in this instance, caution is more important than keeping up with every rumor, of which there are plenty. I stand by my general views articulated in that last post but am not quite ready to agree with Digital Music News reporting on May 23 that the Copyright Office has “plunged ...

Four luminaries of copyright law and scholarship submitted a letter to the American Law Institute (ALI) formally withdrawing their names as Advisers from the Restatement of Copyright Law, approval of which is set to be voted on next week. Professors Shyam Balganesh, Jane Ginsburg, and Peter Menell, along with attorney David Nimmer submitted the May 12 letter conveying strong disagreement ...

Since the election, I have been so certain these events were coming that I almost pre-drafted this post, but I didn’t want to be a jinx. Then when it did happen, I hardly knew what to say. Every day, we are confronted with evidence that the only agenda of Trump 2.0 is wanton destruction. I am increasingly convinced that Trump ...

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