Friday, June 13, 2025

How Disney’s AI lawsuit could shift the future of entertainment; The Washington Post, June 11, 2025

 

, The Washington Post ; How Disney’s AI lawsuit could shift the future of entertainment

"The battle over the future of AI-generated content escalated on Wednesday as two Hollywood titans sued a fast-growing AI start-up for copyright infringement.

Disney and Universal, whose entertainment empires include Pixar, Star Wars, Marvel and Despicable Me, sued Midjourney, claiming it wrongfully trained its image-generating AI models on the studios’ intellectual property.

They are the first major Hollywood studios to file copyright infringement lawsuits, marking a pivotal moment in the ongoing fight by artists, newspapers and content makers to stop AI firms from using their work as training data — or at least make them pay for it."

Thursday, June 12, 2025

In first-of-its-kind lawsuit, Hollywood giants sue AI firm for copyright infringement; NPR, June 12, 2025

 , NPR; In first-of-its-kind lawsuit, Hollywood giants sue AI firm for copyright infringement

"n a first-of-its-kind lawsuit, entertainment companies Disney and Universal are suing AI firm Midjourney for copyright infringement.

The 110-page lawsuit, filed Wednesday in a U.S. district court in Los Angeles, includes detailed appendices illustrating the plaintiffs' claims with visual examples and alleges that Midjourney stole "countless" copyrighted works to train its AI engine in the creation of AI-generated images."

Wednesday, June 11, 2025

Disney, Universal File First Major Studio Lawsuit Against AI Company, Sue Midjourney for Copyright Infringement: ‘This Is Theft’; Variety, June 11, 2025

 Todd Spangler, Variety; Disney, Universal File First Major Studio Lawsuit Against AI Company, Sue Midjourney for Copyright Infringement: ‘This Is Theft’

"Disney and NBCU filed a federal lawsuit Tuesday against Midjourney, a generative AI start-up, alleging copyright infringement. The companies alleged that Midjourney’s own website “displays hundreds, if not thousands, of images generated by its Image Service at the request of its subscribers that infringe Plaintiffs’ Copyrighted Works.”

A copy of the lawsuit is at this link...

Disney and NBCU’s lawsuit includes images alleged to be examples of instances of Midjourney’s infringement. Those include an image of Marvel’s Deadpool and Wolverine (pictured above), Iron Man, Spider-Man, the Hulk and more; Star Wars’ Darth Vader, Yoda, R2-D2, C-3PO and Chewbacca; Disney’s Princess Elsa and Olaf from “Frozen”; characters from “The Simpsons”; Pixar’s Buzz Lightyear from “Toy Story” and Lightning McQueen from “Cars”; DreamWorks’ “How to Train Your Dragon”; and Universal‘s “Shrek” and the yellow Minions from the “Despicable Me” film franchise."

Tuesday, June 10, 2025

Global AI: Compression, Complexity, and the Call for Rigorous Oversight; ABA SciTech Lawyer, May 9, 2025

Joan Rose Marie Bullock, ABA SciTech Lawyer; Global AI: Compression, Complexity, and the Call for Rigorous Oversight

"Equally critical is resisting haste. The push to deploy AI, whether in threat detection or data processing, often outpaces scrutiny. Rushed implementations, like untested algorithms in critical systems, can backfire, as any cybersecurity professional can attest from post-incident analyses. The maxim of “measure twice, cut once” applies here: thorough vetting trumps speed. Lawyers, trained in precedent, recognize the cost of acting without foresight; technologists, steeped in iterative testing, understand the value of validation. Prioritizing diligence over being first mitigates catastrophic failures of privacy breaches or security lapses that ripple worldwide."

Getty Images Faces Off Against Stability in Court as First Major AI Copyright Trial Begins; PetaPixel, June 10, 2025

Matt Growcoot , PetaPixel; Getty Images Faces Off Against Stability in Court as First Major AI Copyright Trial Begins

"The Guardian notes that the trial will focus on specific photos taken by famous photographers. Getty plans to bring up photos of the Chicago Cubs taken by sports photographer Gregory Shamus and photos of film director Christopher Nolan taken by Andreas Rentz. 

All-in-all, 78,000 pages of evidence have been disclosed for the case and AI experts are being called in to give testimonies. Getty is also suing Stability AI in the United States in a parallel case. The trial in London is expected to run for three weeks and will be followed by a written decision from the judge at a later date."

Lawyers face sanctions for citing fake cases with AI, warns UK judge; Reuters, June 6, 2025

 , Reuters; Lawyers face sanctions for citing fake cases with AI, warns UK judge

"Lawyers who use artificial intelligence to cite non-existent cases can be held in contempt of court or even face criminal charges, London's High Court warned on Friday, in the latest example of generative AI leading lawyers astray.

A senior judge lambasted lawyers in two cases who apparently used AI tools when preparing written arguments, which referred to fake case law, and called on regulators and industry leaders to ensure lawyers know their ethical obligations.

"There are serious implications for the administration of justice and public confidence in the justice system if artificial intelligence is misused," Judge Victoria Sharp said in a written ruling...

She added that "in the most egregious cases, deliberately placing false material before the court with the intention of interfering with the administration of justice amounts to the common law criminal offence of perverting the course of justice"."

Monday, June 9, 2025

5 Dangerous Myths About AI Ethics You Shouldn’t Believe; Forbes, May 14, 2025

 Bernard Marr , Forbes; 5 Dangerous Myths About AI Ethics You Shouldn’t Believe

"AI can empower just about any business to innovate and drive efficiency, but it also has the potential to do damage and cause harm. This means that everyone putting it to use needs to understand the ethical frameworks in place to keep everyone safe.

At the end of the day, AI is a tool. AI ethics can be thought of as the safety warning you get in big letters at the front of any user manual, setting out some firm dos and don’ts about using it.

Using AI almost always involves making ethical choices. In a business setting, understanding the many ways it can affect people and culture means we have the best information for making those choices.

It’s a subject there's still a lot of confusion around, not least involving who is responsible and who should be ensuring this gets done. So here are five common misconceptions I come across involving the ethics of generative AI and machine learning."

Newsmaker: Brewster Kahle; American Libraries, June 4, 2025

 Anne Ford, American Libraries; Newsmaker: Brewster Kahle

"How has the work of the Internet Archive been affected since Trump took office?

Well, the biggest effect has been getting a lot of attention for what we do. We spend a lot of time on Democracy’s Library, which is a name for collecting all the born-digital and digitized publications of government at the federal, state, and municipal levels. There’s been so much attention about all of the [digital] takedowns that we’ve received lots and lots of volunteer help toward collecting not only web assets but also databases that are being removed from government websites. It’s all hands on deck.

And you just launched a new YouTube channel.

Yes, we unveiled our next-generation microfiche scanning as part of our Democracy’s Library project, because a lot of .gov sites are on microfiche, and people don’t want to use microfiche anymore. Fortunately, the US government in its early era was pro–access to information and made government documents public domain. So we put out a YouTube livestream of the microfiche being digitized.

What would you like to see libraries and librarians do during this challenging time?

We need libraries to have at least as good rights in the digital world as we have in the physical world. There’s an upcoming website [from the Internet Archive and others] called the Four Digital Rights of Libraries, and that is something libraries can sign onto as institutions. [The website will launch during the Association of European Research Libraries’ LIBER 2025 Conference in Lausanne, Switzerland, July 2-4.]

People generally don’t know that libraries, in this digital era, are prevented from buying any ebooks or MP3s. They are not allowed by the publishers to have them. They spend and spend and spend, but they don’t end up owning anything. They’re not building collections. So the publishers can change or delete anything at any time, and they do. In their dream case, libraries will never own anything ever again. This is a structural attack on libraries. You don’t need to be a deep historian to know what happens to libraries. They’re actively destroyed by the powerful.

So let’s spend [our collection budgets] buying ebooks, buying music, buying material from small publishers or anybody [else] that will actually sell to us. Make it so we are building our own collections, not this licensing thing where these books disappear.

That’s a big ask. But the great thing about that will be that our libraries start buying things from small publishers, where most of the money goes back to the authors, not stopping with the big multinational publishers. Let’s build a system that works for more players than just big corporations that make a habit of suing libraries."

Getty argues its landmark UK copyright case does not threaten AI; Reuters, June 9, 2025

, Reuters; Getty argues its landmark UK copyright case does not threaten AI

 "Getty Images' landmark copyright lawsuit against artificial intelligence company Stability AI began at London's High Court on Monday, with Getty rejecting Stability AI's contention the case posed a threat to the generative AI industry.

Seattle-based Getty, which produces editorial content and creative stock images and video, accuses Stability AI of using its images to "train" its Stable Diffusion system, which can generate images from text inputs...

Creative industries are grappling with the legal and ethical implications of AI models that can produce their own work after being trained on existing material. Prominent figures including Elton John have called for greater protections for artists.

Lawyers say Getty's case will have a major impact on the law, as well as potentially informing government policy on copyright protections relating to AI."

Sunday, June 8, 2025

OpenAI to appeal copyright ruling in NY Times case as Altman calls for 'AI privilege'; Foxbusiness, June 6, 2025

, Foxbusiness; OpenAI to appeal copyright ruling in NY Times case as Altman calls for 'AI privilege'

"The OpenAI co-founder said the case has accelerated the need for a conversation about "AI privilege," in which "talking to an AI should be like talking to a lawyer or a doctor.""

Former Librarian of Congress Dr. Carla Hayden speaks out about her firing by Trump; CBS, June 6, 2025

  CBS; Former Librarian of Congress Dr. Carla Hayden speaks out about her firing by Trump

"In this preview of an interview with national correspondent Robert Costa to be broadcast on "CBS Sunday Morning" June 8, Dr. Carla Hayden, the former Librarian of Congress fired by President Trump last month, talks for the first time about her abrupt dismissal, and the challenges facing her former institution – and libraries nationwide."

Saturday, June 7, 2025

UK government signals it will not force tech firms to disclose how they train AI; The Guardian, June 6, 2025

 and , The Guardian ; UK government signals it will not force tech firms to disclose how they train AI

"Opponents of the plans have warned that even if the attempts to insert clauses into the data bill fail, the government could be challenged in the courts over the proposed changes.

The consultation on copyright changes, which is due to produce its findings before the end of the year, contains four options: to let AI companies use copyrighted work without permission, alongside an option for artists to “opt out” of the process; to leave the situation unchanged; to require AI companies to seek licences for using copyrighted work; and to allow AI firms to use copyrighted work with no opt-out for creative companies and individuals.

The technology secretary, Peter Kyle, has said the copyright-waiver-plus-opt-out scenario is no longer the government’s preferred option, but Kidron’s amendments have attempted to head off that option by effectively requiring tech companies to seek licensing deals for any content that they use to train their AI models."

How AI and copyright turned into a political nightmare for Labour; Politico.eu, June 4, 2025

JOSEPH BAMBRIDGE , Politico.eu; How AI and copyright turned into a political nightmare for Labour

"The Data (Use and Access Bill) has ricocheted between the Commons and the Lords in an extraordinarily long incidence of ping-pong, with both Houses digging their heels in and a frenzied lobbying battle on all sides."

Do AI systems have moral status?; Brookings, June 4, 2025

  , Brookings; Do AI systems have moral status?

"In March, researchers announced that a large language model (LLM) passed the famous Turing test, a benchmark designed by computer scientist Alan Turing in 1950 to evaluate whether computers could think. This follows research from last year suggesting that the time is now for artificial intelligence (AI) labs to take the welfare of their AI models into account."

Friday, June 6, 2025

AI firms say they can’t respect copyright. These researchers tried.; The Washington Post, June 5, 2025

Analysis by  

with research by 
, The Washington Post; AI firms say they can’t respect copyright. These researchers tried.

"A group of more than two dozen AI researchers have found that they could build a massive eight-terabyte dataset using only text that was openly licensed or in public domain. They tested the dataset quality by using it to train a 7 billion parameter language model, which performed about as well as comparable industry efforts, such as Llama 2-7Bwhich Meta released in 2023.

paper published Thursday detailing their effort also reveals that the process was painstaking, arduous and impossible to fully automate.

The group built an AI model that is significantly smaller than the latest offered by OpenAI’s ChatGPT or Google’s Gemini, but their findings appear to represent the biggest, most transparent and rigorous effort yet to demonstrate a different way of building popular AI tools.

That could have implications for the policy debate swirling around AI and copyright.

The paper itself does not take a position on whether scraping text to train AI is fair use.

That debate has reignited in recent weeks with a high-profile lawsuit and dramatic turns around copyright law and enforcement in both the U.S. and U.K."

 

The U.S. Copyright Office used to be fairly low-drama. Not anymore; NPR, June 6, 2025

, NPR ; The U.S. Copyright Office used to be fairly low-drama. Not anymore

"The U.S. Copyright Office is normally a quiet place. It mostly exists to register materials for copyright and advise members of Congress on copyright issues. Experts and insiders used words like "stable" and "sleepy" to describe the agency. Not anymore...

Inside the AI report

That big bombshell report on generative AI and copyright can be summed up like this – in some instances, using copyrighted material to train AI models could count as fair use. In other cases, it wouldn't.

The conclusion of the report says this: "Various uses of copyrighted works in AI training are likely to be transformative. The extent to which they are fair, however, will depend on what works were used, from what source, for what purpose, and with what controls on the outputs—all of which can affect the market."

"It's very even keeled," said Keith Kupferschmid, CEO of the Copyright Alliance, a group that represents artists and publishers pushing for stronger copyright laws.

Kupferschmid said the report avoids generalizations and takes arguments on a case-by-case basis.

"Perlmutter was beloved, no matter whether you agreed with her or not, because she did the hard work," Kupferschmid said. "She always was very thoughtful and considered all these different viewpoints."

It remains to be seen how the report will be used in the dozens of legal cases over copyright and AI usage."

Thursday, June 5, 2025

Government AI copyright plan suffers fourth House of Lords defeat; BBC, June 2, 2025

Zoe Kleinman , BBC; Government AI copyright plan suffers fourth House of Lords defeat

"The argument is over how best to balance the demands of two huge industries: the tech and creative sectors. 

More specifically, it's about the fairest way to allow AI developers access to creative content in order to make better AI tools - without undermining the livelihoods of the people who make that content in the first place.

What's sparked it is the Data (Use and Access) Bill.

This proposed legislation was broadly expected to finish its long journey through parliament this week and sail off into the law books. 

Instead, it is currently stuck in limbo, ping-ponging between the House of Lords and the House of Commons.

A government consultation proposes AI developers should have access to all content unless its individual owners choose to opt out. 

But 242 members of the House of Lords disagree with the bill in its current form.

They think AI firms should be forced to disclose which copyrighted material they use to train their tools, with a view to licensing it."

Eminem Hits Meta With A Copyright Lawsuit After It Allegedly Misappropriated Hundreds Of His Songs; ABOVE THE LAW, June 4, 2025

 Chris Williams , ABOVE THE LAW; Eminem Hits Meta With A Copyright Lawsuit After It Allegedly Misappropriated Hundreds Of His Songs

"Don’t. Mess. With. Eminem. And if the events are as cut and dried as the complaint makes it seem, Meta is getting off easy with the $109M price tag. Meta of all companies should know that the only thing that can get away with brazenly stealing the work of wealthy hard-working artists without facing legal consequences is AI-scrapping software."

Tuesday, June 3, 2025

Artificial Intelligence—Promises and Perils for Humans’ Rights; Harvard Law School Human Rights Program, June 10, 2025 10:30 AM EDT

 Harvard Law School Human Rights Program; Artificial Intelligence—Promises and Perils for Humans’ Rights

"In recent years, rapid advances in Artificial Intelligence (AI) technology, significantly accelerated by the development and deployment of deep learning and Large Language Models, have taken center stage in policy discussions and public consciousness. Amidst a public both intrigued and apprehensive about AI’s transformative potential across workplaces, families, and even broader political, economic, and geopolitical structures, a crucial conversation is emerging around its ethical, legal, and policy dimensions.

This webinar will convene a panel of prominent experts from diverse fields to delve into the critical implications of AI for humans and their rights. The discussion will broadly address the anticipated human rights harms stemming from AI’s increasing integration into society and explore potential responses to these challenges. A key focus will be on the role of international law and human rights law in addressing these harms, considering whether this legal framework can offer the appropriate tools for effective intervention."

Emerging Issues in the Use of Generative AI: Ethics, Sanctions, and Beyond; The Federalist Society, June 3, 2025 12 PM EDT

 The Federalist Society; Emerging Issues in the Use of Generative AI: Ethics, Sanctions, and Beyond

"The idea of Artificial Intelligence has long presented potential challenges in the legal realm, and as AI tools become more broadly available and widely used, those potential hurdles are becoming ever more salient for lawyers in their day-to-day operations. Questions abound, from what potential risks of bias and error may exist in using an AI tool, to the challenges related to professional responsibility as traditionally understood, to the risks large language learning models pose to client confidentiality. Some contend that AI is a must-use, as it opens the door to faster, more efficient legal research that could equip lawyers to serve their clients more effectively. Others reject the use of AI, arguing that the risks of use and the work required to check the output it gives exceed its potential benefit.

Join us for a FedSoc Forum exploring the ethical and legal implications of artificial intelligence in the practice of law.

Featuring: 

  • Laurin H. Mills, Member, Werther & Mills, LLC
  • Philip A. Sechler, Senior Counsel, Alliance Defending Freedom
  • Prof. Eugene Volokh, Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law; Thomas M. Siebel Senior Fellow, Hoover Institution, Stanford University
  • (Moderator) Hon. Brantley Starr, District Judge, United States District Court for the Northern District of Texas"

Japan aims to lift intellectual property competitiveness via AI use; The Mainichi, June 3, 2025

 The Mainichi; Japan aims to lift intellectual property competitiveness via AI use

"The Japanese government said Tuesday it will seek to enhance the country's competitiveness in the area of intellectual property by promoting the use of artificial intelligence and attracting foreign talent.

In the intellectual property strategy for 2025, the country will take advantage of the international popularity of Japanese anime and the content of such movies that highlights local culture to help promote regional economies, expecting a total economic impact of around 1 trillion yen ($7.0 billion)."

Monday, June 2, 2025

Mike Kelley vs. Trump: The Photo That Could Spark a Presidential Copyright War; Fstoppers, June 1, 2025

, Fstoppers; Mike Kelley vs. Trump: The Photo That Could Spark a Presidential Copyright War

"Your Thoughts?

What do you think will happen to this case when it is filed? Obviously something like this will take years to make its way through the courts, and perhaps Trump will not even be president by the time it makes it to the Federal 9th Circuit Court of Appeals where it will most likely reside. Do you think Mike has a strong enough case for Willful Infringement under statutory infringement or because this is a meme that perhaps originated somewhere else on the internet, could it be viewed as unwilling? Do you think Trump would ever succeed at claiming his posts on Truth Social fall under official acts of a sitting president?"

The AI copyright standoff continues - with no solution in sight; BBC, June 2, 2025

Zoe Kleinman, BBC ; The AI copyright standoff continues - with no solution in sight

"The fierce battle over artificial intelligence (AI) and copyright - which pits the government against some of the biggest names in the creative industry - returns to the House of Lords on Monday with little sign of a solution in sight.

A huge row has kicked off between ministers and peers who back the artists, and shows no sign of abating. 

It might be about AI but at its heart are very human issues: jobs and creativity.

It's highly unusual that neither side has backed down by now or shown any sign of compromise; in fact if anything support for those opposing the government is growing rather than tailing off."

Excruciating reason Utah lawyer presented FAKE case in court after idiotic blunder; Daily Mail, May 31, 2025

 JOE HUTCHISON FOR DAILYMAIL.COMExcruciating reason Utah lawyer presented FAKE case in court after idiotic blunder

"The case referenced, according to documents, was 'Royer v. Nelson' which did not exist in any legal database and was found to be made up by ChatGPT.

Opposing counsel said that the only way they would find any mention of the case was by using the AI

They even went as far as to ask the AI if the case was real, noting in a filing that it then apologized and said it was a mistake.

Bednar's attorney, Matthew Barneck, said that the research was done by a clerk and Bednar took all responsibility for failing to review the cases.

He told The Salt Lake Tribune: 'That was his mistake. He owned up to it and authorized me to say that and fell on the sword."

Sunday, June 1, 2025

U.S. Copyright Office Shocks Big Tech With AI Fair Use Rebuke; Forbes, May 29, 2025

Tor Constantino, MBA

, Forbes; U.S. Copyright Office Shocks Big Tech With AI Fair Use Rebuke

 "The U.S. Copyright Office released its long-awaited report on generative AI training and copyright infringement on May 9, just one day after President Trump abruptly fired Librarian of Congress Carla Hayden. Within 48 hours, Register of Copyrights Shira Perlmutter was also reportedly out, after the agency rushed to publish a “pre-publication version” of its guidance — suggesting urgency, if not outright alarm, within the office.

This timing was no coincidence. “We practitioners were anticipating this report and knew it was being finalized, but its release was a surprise,” said Yelena Ambartsumian, an AI governance and IP lawyer and founder of Ambart Law. “The fact that it dropped as a pre-publication version, the day after the librarian was fired, signals to me that the Copyright Office expected its own leadership to be next.”

At the center of the report is a sharply contested issue: whether using copyrighted works to train AI models qualifies as “fair use.” And the office’s position is a bold departure from the narrative that major AI companies like OpenAI and Google have relied on in court...

The office stopped short of declaring that all AI training is infringement. Instead, it emphasized that each case must be evaluated on its specific facts — a reminder that fair use remains a flexible doctrine, not a blanket permission slip."

Friday, May 30, 2025

It’s too expensive to fight every AI copyright battle, Getty CEO says; Ars Technica, May 28, 2025

 ASHLEY BELANGER , Ars Technica; It’s too expensive to fight every AI copyright battle, Getty CEO says


[Kip Currier: As of May 2025, New York Stock Exchange (NYSE) data values Getty Images at nearly three-quarters of a billion dollars.

So it's noteworthy and should give individual creators pause that even a company of that size is publicly acknowledging the financial realities of copyright litigation against AI tech companies like Stability AI.

Even if the courts should determine that AI tech companies can prevail on fair use grounds against copyright infringement claims, isn't there something fundamentally unfair and unethical about AI tech oligarchs being able to devour and digest everyone else's copyrighted works, and then alchemize that improperly-taken aggregation of creativity into new IP works that they can monetize, with no recompense given to the original creators?

Just because someone can do something, doesn't mean they should be able to do it.

AI tech company leaders like Elon Musk, Sam Altman, Mark Zuckerberg et al would never stand for similar uses of their works without permission or compensation. 

Neither should creators. Quid pulchrum est (What's fair is fair).

If the courts do side with AI tech companies, new federal legislation may need to be enacted to provide protections for content creators from the AI tech companies that want and need their content to power up novel iterations of their AI tools via ever-increasing amounts of training data. 

In the current Congress, that's not likely to happen. But it may be possible after 2026 or 2028. If enough content creators make their voices heard through their grassroots advocacy and votes at the ballot box.]


[Excerpt]

"On Bluesky, a trial lawyer, Max Kennerly, effectively satirized Clegg and the whole AI industry by writing, "Our product creates such little value that it is simply not viable in the marketplace, not even as a niche product. Therefore, we must be allowed to unilaterally extract value from the work of others and convert that value into our profits."

This Latest AI Book Debacle Is A Disturbing Part Of A Growing Trend; ScreenRant, May 29, 2025

 Rose-Graceling Moore, ScreenRant; This Latest AI Book Debacle Is A Disturbing Part Of A Growing Trend

"Yet another AI scandal has hit self-publishing, as an author left generative AI in a final draft of their book - but this isn't an isolated incident, and reveals a growing, and deeply problematic, trend."

Thursday, May 29, 2025

The Copyright Office’s Report on AI Training Material and Fair Use: Will It Stymie the U.S. AI Industry?; The Federalist Society, May 29, 2025

John Blanton Farmer  , The Federalist Society ; The Copyright Office’s Report on AI Training Material and Fair Use: Will It Stymie the U.S. AI Industry?

"Will the Trump Administration Withdraw the Report?

The Trump Administration might withdraw this report.

The Trump Administration is friendlier to the U.S. AI industry than the Biden Administration was. Shortly after taking office, it rescinded a Biden Administration executive order on the development and use of AI, which was restrictive and burdensome.

The day before the report was released, the Trump Administration fired the head of the Library of Congress, which oversees the USCO. The day after the report was issued, it fired the head of the USCO. The administration didn’t comment on whether these firings were related to the report.

The USCO may have rushed out the report to prevent the Trump Administration from meddling with it. The version released was labeled a “pre-publication version.” It’s unusual to release a non-final version.

This report is not the law. Courts will decide this fair use issue. They’ll certainly consider this report, but they aren’t bound to follow it."

Wednesday, May 28, 2025

Fired copyright chief loses first round in lawsuit over Trump powers; Politico, May 28, 2025

 KATHERINE TULLY-MCMANUS, Politico ; Fired copyright chief loses first round in lawsuit over Trump powers

"A judge denied a request for reinstatement Wednesday from the ousted head of the national copyright office, rejecting for now her claims that President Donald Trump had no right to fire her."

Tuesday, May 27, 2025

WATCH: Is A.I. the new colonialism?; The Ink, May 27, 2025

 ANAND GIRIDHARADAS AND KAREN HAO, The Ink; WATCH: Is A.I. the new colonialism?

"We just got off a call with the technology journalist Karen Hao, the keenest chronicler of the technology that’s promising — or threatening — to reshape the world, who has a new book, Empire of AI: Dreams and Nightmares in Sam Altman’s OpenAI.

The book talks not just about artificial intelligence and what it might be, or its most visible spokesperson and what he might believe, but also about the way the tech industry titans resemble more and more the empires of old in their relentless resource extraction and exploitation of labor around the world, their take-no-prisoners competitiveness against supposedly “evil” pretenders, and their religious fervor for progress and even salvation. She also told us about what the future might look like if we get A.I. right, and the people who produce the data, the resources, and control the labor power can reassert their ownership and push back against these new empires to build a more humane and human future."

Trump Defends Firing Copyright Chief, Cites Presidential Power; Bloomberg Law, May 26, 2025

 , Bloomberg Law; Trump Defends Firing Copyright Chief, Cites Presidential Power

"The Trump administration fired back Monday against ousted Copyright Office chief Shira Perlmutter’s lawsuit, arguing her emergency request for reinstatement should be denied because the president has sweeping authority to remove her."

Author sides with students in revolt over book passage used in AP exam; The Washington Post, May 24, 2025

, The Washington Post; Author sides with students in revolt over book passage used in AP exam

"Serpell, herself a longtime critic of standardized tests, said the College Board, the billion-dollar standardized-testing juggernaut that administers them, did not ask permission to use her work and distorted her writing.

“Stranger Faces,” a collection of essays on the pleasure people take in unusual faces in works of art, was geared toward professional scholars, not high school readers, Serpell said, and she insists that the complexity of her writing can only be understood in fuller context. The exam excerpt, she said, omitted critical writing that would have made her arguments and rhetorical effects clearer.

As Serpell deals with the fallout — which, in some cases, she said, included death threats — she is siding with the students, taking up their arguments with the College Board and touching off a heated online debate over academic ethics."

Saturday, May 24, 2025

Leadership Limbo at the Library of Congress; Library Journal, May 23, 2025

 Hallie Rich, Library Journal; Leadership Limbo at the Library of Congress

"REMAINING NONPARTISAN

According to reporting across major media outlets, staff continue to await guidance from the congressional committees charged with LoC oversight—and questions over the future of the Library as a nonpartisan legislative branch agency hang in the balance. The Congressional Research Service (CRS), the research arm of the Library that works exclusively for members of Congress, provides confidential policy and legal analysis to lawmakers and staff of both chambers, regardless of party affiliation...

WILL CONGRESS ACT?

Politico reported on May 21 that Senate Appropriations Chair Susan Collins (R-ME) “thinks Congress needs to take charge in naming the heads of major legislative branch agencies, including the Library of Congress and Government Accountability Office.” Senator Amy Klobuchar (D-MN) recommended modifying the process for appointing the Librarian of Congress, citing legislation she wrote that removed presidential involvement in appointing the architect of the Capitol. “Just like we changed the rules with architect the Capitol, we should change them here,” she told reporters.

Legislation that would grant appointment authority for the Librarian of Congress, the leader of a legislative branch agency, exclusively to Congress is one potential path forward.

Library professionals who are concerned about the independence of the Library of Congress should "reach out to your member of Congress,” says one source who spoke on the condition of anonymity, “and do so quickly.” The White House’s effort to install new leadership at the Library was staved off because staff are awaiting direction from Congress.

The Librarian of Congress is not appointed at the sole discretion of the president—an appointment requires Senate confirmation. According to reporting by The New York Times, LoC staff are currently following internal procedures by keeping Newlen in charge, but more permanent answers to questions about the future of the Library as a nonpartisan legislative branch agency appear to lie, at this time, with members of Congress."

Judge Hints Anthropic’s AI Training on Books Is Fair Use; Bloomberg Law, May 22, 2025

, Bloomberg Law; Judge Hints Anthropic’s AI Training on Books Is Fair Use

"A California federal judge is leaning toward finding Anthropic PBC violated copyright law when it made initial copies of pirated books, but that its subsequent uses to train their generative AI models qualify as fair use.

“I’m inclined to say they did violate the Copyright Act but the subsequent uses were fair use,” Judge William Alsup said Thursday during a hearing in San Francisco. “That’s kind of the way I’m leaning right now,” he said, but concluded the 90-minute hearing by clarifying that his decision isn’t final. “Sometimes I say that and change my mind."...

The first judge to rule will provide a window into how federal courts interpret the fair use argument for training generative artificial intelligence models with copyrighted materials. A decision against Anthropic could disrupt the billion-dollar business model behind many AI companies, which rely on the belief that training with unlicensed copyrighted content doesn’t violate the law."

The Library of Congress Shake-Up Endangers Copyrights; Bloomberg, May 24, 2025

 Stephen Mihm, Bloomberg; The Library of Congress Shake-Up Endangers Copyrights

Thursday, May 22, 2025

US Copyright Office director sues Trump administration over firing; Reuters, May 22, 2025

 , Reuters; US Copyright Office director sues Trump administration over firing

"The U.S. Copyright Office director fired by the Trump administration sued President Donald Trump and other government officials on Thursday, arguing her firing was unconstitutional and should not be allowed to take effect.

Shira Perlmutter said in the lawsuit that her termination by email on May 10 was "blatantly unlawful," and that only the U.S. Congress can remove her from office."

Copyright Alliance CEO and Others Resign from ALI’s Copyright Restatement Project; Copyright Alliance, May 16, 2025

Copyright Alliance; Copyright Alliance CEO and Others Resign from ALI’s Copyright Restatement Project

"In a statement issued today, Copyright Alliance CEO Keith Kupferschmid announced that he, along with numerous other advisers and liaisons, have resigned from the American Law Institute’s (ALI) Restatement of Copyright Law (Restatement) project, effective immediately. The resignations follow those of four prominent law professors earlier this week. 

According to Kupferschmid, “I am officially announcing my departure from the ALI’s Copyright Restatement project for a number of critical reasons, including the fact that throughout the initiative, ALI Copyright Restatement Reporters routinely disregarded concerns and comments shared by the U.S. Copyright Office, judges, and numerous other expert participants. This input was not considered because it differed from the ALI Reporters’ views and biases regarding copyright law. 

“Before the start of this project, we and many others warned that the Copyright Restatement effort was likely to look much more like a restatement of the Reporters’ views rather than actual copyright law. Unfortunately, these predictions came true, resulting in the final version of the Copyright Restatement presenting a restrictive and warped view of copyright—one that is inconsistent with the statute and case law and reflects the Reporters’ aspirations to change the copyright law.

“There is a general undercurrent of anti-copyright sentiment that runs through the entire Copyright Restatement that manifests itself through a disproportionate focus on atypical court decisions that limit the scope of copyright protection. Not only does the ALI Restatement emphasize minority and outlier decisions and focuses on the exceptions rather than the rules, but at times during the project, the Reporters also drew conclusions that the current law simply does not support. 

“It is for these reasons that I have signed onto a letter to the ALI voicing my concerns and stepping down from my role as liaison. I am not alone in this belief, as evidenced by the fact that approximately half of the advisers and liaisons have, or are in the process of, resigning from this project, one that that falls far short of the ALI’s otherwise high standards and stellar reputation.”

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ABOUT THE COPYRIGHT ALLIANCE

The Copyright Alliance is a non-profit, non-partisan public interest and educational organization representing the copyright interests of over two million individual creators and over 15,000 organizations in the United States, across the spectrum of copyright disciplines. The Copyright Alliance is dedicated to advocating policies that promote and preserve the value of copyright, and to protecting the rights of creators and innovators. The Copyright Alliance is the unified voice of the copyright community, and the views espoused may not reflect the specific views of any individual or organization. For more information, please visit our website."