AI Works Do Not “Compete” with Works of Authorship - The Illusion of More
Claims that AI outputs "compete" with works of authorship are meant to undermine market dilution as a consideration under fair use.| The Illusion of More
A paper by Eleonara Rosati titled The future of the movie industry in the wake of generative AI: A perspective under EU and UK copyright law states the following: …some have stressed the opportunities presented by the implementation of AI, including by advancing claims, like those made by AI video studio The Dor Brothers that […] The post On AI Removing Creative Constraints appeared first on The Illusion of More.| The Illusion of More
Claims that AI outputs "compete" with works of authorship are meant to undermine market dilution as a consideration under fair use.| The Illusion of More
Over the past 13 years, I have repeated variations on the theme that strong copyright rights are essential because a healthy democracy requires a diverse, professional creative sector. Typically, I have advocated this perspective to refute the claim by the copyleft that copyright rights are in conflict with the speech right. Now that we are […] The post Sound AI Policy Demands Protecting Diverse Expression appeared first on The Illusion of More.| The Illusion of More
Patrick Gallaher at Public Knowledge recently posted an article about AI training with protected works, proposing to distinguish between piracy and fair use. Not to begin on a pedantic note, but the article is subtitled “Words Matter” because it claims that piracy is a provocative, non-legal term, so I have to respond by saying this […] The post Public Knowledge Post on AI & Fair Use Misses the Mark appeared first on The Illusion of More.| The Illusion of More
AI companionship has already led to the death of teens and causes psychological harm. Can developers argue that the bot's outputs are speech?| The Illusion of More
A response to the paper by Matt Blaszczyk arguing that copyright does not serve humanist principles and must be reexamined for legitimacy.| The Illusion of More
The Ninth Circuit has ruled in Dr. Seuss v. ComicMix, finding that the Seuss/Star Trek mashup is not a fair use.| The Illusion of More
Dissecting the digital utopia.| The Illusion of More
In finding for the petitioners in Mahmoud v. Taylor, the Supreme Court’s conservative majority opens another path to banning books in schools—administrative hassle disguised as constitutional principle. The petitioners in the case are three families—one Muslim, two Catholic—with young children in the Maryland Central Public Schools (MCPS) where the board elected to include a number […] The post Mahmoud v. Taylor: SCOTUS Marks Insidious Path Toward Book Bans appeared first on The I...| The Illusion of More
The AI Action plan released by the White House amounts to the same old FAFO when it comes to Big Tech.| The Illusion of More
The ongoing litigation over the right to control the Frida Kahlo trademarks implies two very different paths for the artist's legacy.| The Illusion of More
Dr. Rebecca Grant, Vice President of Lexington Institute, alleges in a recent post that copyright owners—specifically the bogeyman of “Hollywood”—form an obstacle to national security in the effort to win the AI cold war with China. Out of respect for her credentials as a security expert, I shall assume that all of Dr. Grant’s specific […] The post Inapt Mixing of National Defense with Copyright Law Raises Broader Questions appeared first on The Illusion of More.| The Illusion of More
Courts can’t stick their heads in the sand to an obvious way that a new technology might severely harm the incentive to create, just because the issue has not come up before. Indeed, it seems likely that market dilution will often cause plaintiffs to decisively win the fourth factor—and thus win the fair use question […]| The Illusion of More
At best, weighing fair use for training generative artificial intelligence with copyrighted works is highly problematic.| The Illusion of More
In AWF v. Goldsmith, the Supreme Court reins in the "transformativeness" blob, keeping it from swallowing the derivative works right.| The Illusion of More
