Showing archive for: “Fair Use”
A Few Questions (and Even Fewer Answers) About What Artificial Intelligence Will Mean for Copyright
Not only have digital-image generators like Stable Diffusion, DALL-E, and Midjourney—which make use of deep-learning models and other artificial-intelligence (AI) systems—created some incredible (and sometimes creepy – see above) visual art, but they’ve engendered a good deal of controversy, as well. Human artists have banded together as part of a fledgling anti-AI campaign; lawsuits have ... A Few Questions (and Even Fewer Answers) About What Artificial Intelligence Will Mean for Copyright
NEW VOICES: FTC Rulemaking for Noncompetes
On July 9, 2021, President Joe Biden issued an executive order asking the Federal Trade Commission (FTC) to “curtail the unfair use of noncompete clauses and other clauses or agreements that may unfairly limit worker mobility.” This executive order raises two questions. First, does the FTC have the authority to issue such a rule? And ... NEW VOICES: FTC Rulemaking for Noncompetes
Old Ideas and the New New Deal
Over the past decade and a half, virtually every branch of the federal government has taken steps to weaken the patent system. As reflected in President Joe Biden’s July 2021 executive order, these restraints on patent enforcement are now being coupled with antitrust policies that, in large part, adopt a “big is bad” approach in ... Old Ideas and the New New Deal
Trade Agreements and Restatements as End Runs Around the Rule of Law
The Internet is a modern miracle: from providing all varieties of entertainment, to facilitating life-saving technologies, to keeping us connected with distant loved ones, the scope of the Internet’s contribution to our daily lives is hard to overstate. Moving forward there is undoubtedly much more that we can and will do with the Internet, and ... Trade Agreements and Restatements as End Runs Around the Rule of Law
An ambitious AG, a disgruntled competitor, and the contrived antitrust case against Google in Missouri
The populists are on the march, and as the 2018 campaign season gets rolling we’re witnessing more examples of political opportunism bolstered by economic illiteracy aimed at increasingly unpopular big tech firms. The latest example comes in the form of a new investigation of Google opened by Missouri’s Attorney General, Josh Hawley. Mr. Hawley — ... An ambitious AG, a disgruntled competitor, and the contrived antitrust case against Google in Missouri
Fair use’s fatal conceit
My colleague, Neil Turkewitz, begins his fine post for Fair Use Week (read: crashing Fair Use Week) by noting that Many of the organizations celebrating fair use would have you believe, because it suits their analysis, that copyright protection and the public interest are diametrically opposed. This is merely a rhetorical device, and is a ... Fair use’s fatal conceit
No, The FCC Should Not Have the Power to Cancel Contracts
Copyright law, ever a sore point in some quarters, has found a new field of battle in the FCC’s recent set-top box proposal. At the request of members of Congress, the Copyright Office recently wrote a rather thorough letter outlining its view of the FCC’s proposal on rightsholders. In sum, the CR’s letter was an ... No, The FCC Should Not Have the Power to Cancel Contracts
Welcome guest blogger David Olson
I’m delighted to announce that David Olson will be guest blogging at Truth on the Market this summer. David is an Associate Professor at Boston College Law School. He teaches antitrust, patents, and intellectual property law. Professor Olson’s writing has been cited in Supreme Court and other legal opinions. Olson came to Boston College from Stanford ... Welcome guest blogger David Olson
A Takedown of Common Sense: The 9th Circuit Overturns the Supreme Court in a Transparent Effort to Gut the DMCA
The Ninth Circuit made waves recently with its decision in Lenz v. Universal Music Corp., in which it decided that a plaintiff in a copyright infringement case must first take potential fair use considerations into account before filing a takedown notice under the DMCA. Lenz, represented by the EFF, claimed that Universal had not formed ... A Takedown of Common Sense: The 9th Circuit Overturns the Supreme Court in a Transparent Effort to Gut the DMCA
New Heritage Foundation Publication on Saving Internet Freedom
Yesterday the Heritage Foundation released a series of essays on “Saving Internet Freedom.” These analytical essays are an excellent reference work for interested members of the public who seek answers to those who claim the Internet requires new and intrusive government regulation. The introduction to the essays highlights the topics they cover and summarizes their ... New Heritage Foundation Publication on Saving Internet Freedom
Mandated “fair use” language has no place in trade promotion authority
Earlier this week Senators Orrin Hatch and Ron Wyden and Representative Paul Ryan introduced bipartisan, bicameral legislation, the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (otherwise known as Trade Promotion Authority or “fast track” negotiating authority). The bill would enable the Administration to negotiate free trade agreements subject to appropriate Congressional review. Nothing ... Mandated “fair use” language has no place in trade promotion authority
ICLE White Paper: Broad fair use exceptions could discourage innovation worldwide
Today, the International Center for Law & Economics released a white paper, co-authored by Executive Director Geoffrey Manne and Senior Fellow Julian Morris, entitled Dangerous Exception: The detrimental effects of including “fair use” copyright exceptions in free trade agreements. Dangerous Exception explores the relationship between copyright, creativity and economic development in a networked global marketplace. ... ICLE White Paper: Broad fair use exceptions could discourage innovation worldwide
