Contributory Copyright Liability Back Before the Supreme Court; Marquette University Law School, November 28, 2025

Bruce E. Boyden, Marquette University Law School ; Contributory Copyright Liability Back Before the Supreme Court

"The case itself is no trifling matter. Cox, a cable company that provides broadband internet access to its subscribers, is appealing a $1 billion jury verdict holding it liable for assisting some of those subscribers in engaging in copyright infringement. The case arose from an effort by record labels and music publishers to stem the tide of peer-to-peer filesharing of music files by sending notices of infringement to access providers such as Cox. The DMCA bars liability for access providers as long as they reasonably implemented a repeat infringer policy. But who’s a repeat infringer? The notices were an effort to get access providers to take action by giving them the knowledge of repeat infringements necessary to trigger the policies.

According to the evidence presented at trial, however, Cox was extremely resistant to receiving or taking action in response to the notices. The most colorful bit of evidence (and yet another example of how loose emails sink ships) was from the head of the Cox abuse and safety team in charge of enforcing user policies, who screamed in a team-wide email: “F the dmca!!!” (This was followed by an email from a higher-level executive on the chain: “Sorry to be Paranoid Panda here, but please stop sending out e-mails saying F the law….”) The Fourth Circuit ultimately held that because Cox didn’t reasonably implement its repeat infringer policy, it lost its statutory immunity, and then at trial the jury found Cox contributorily liable for the infringements that it had been notified about, which the Fourth Circuit affirmed.

The question before the Court is whether the lower courts applied the right test for contributory copyright liability, or applied it correctly. (There’s a second question, about the standard for willfulness in determining damages, but I didn’t address that one.) There’s a couple of things that make this issue difficult to disentangle; one has to do with the history of contributory infringement doctrine, and the other is a technical issue about what, exactly, is being challenged on appeal."

$1 billion Supreme Court music piracy case could affect internet users; USA TODAY, November 30, 2025

 Maureen Groppe , USA TODAY; $1 billion Supreme Court music piracy case could affect internet users

"The entertainment industry’s seemingly losing battle to stop music from being illegally copied and shared in the digital age hits the Supreme Court on Dec. 1 in a case both sides say could have huge consequences for both the industry and internet users.

A decision by the high court that fails to hold internet service providers accountable for piracy on their networks would “spell disaster for the music community,” according to groups representing musicians and other entertainers.

But Cox Communications, the largest private broadband company in America, argues too tough a standard could “jeopardize internet access for all Americans.”"

The Supreme Court Is About to Hear a Case That Could Rewrite Internet Access; Slate, November 28, 2025

 MICHAEL P. GOODYEAR, Slate; The Supreme Court Is About to Hear a Case That Could Rewrite Internet Access

"Imagine losing internet access because someone in your household downloaded pirated music. We rely on the internet to learn, discover job opportunities, navigate across cities and the countryside, shop for the latest trends, file our taxes, and much more. Now all of that could be gone in an instant.

That is not a dystopian fantasy, but a real possibility raised by a case the Supreme Court will hear on Monday. In Cox Communications, Inc. v. Sony Music Entertainment, the justices will decide whether an internet provider can be held responsible for failing to terminate subscribers accused of repeat copyright infringements. The ruling could determine whether access to the internet—today’s lifeline for education, work, and civic life—can be taken away as punishment for digital misdeeds. Cox’s indifference to repeat infringement is condemnable, but a sweeping ruling could harshly punish thousands for one company’s bad faith."

More than half of new articles on the internet are being written by AI – is human writing headed for extinction?; The Conversation, November 24, 2025

 Francesco Agnellini, Lecturer in Digital and Data Studies, Binghamton University, State University of New York, The Conversation ; More than half of new articles on the internet are being written by AI – is human writing headed for extinction?

"The line between human and machine authorship is blurring, particularly as it’s become increasingly difficult to tell whether something was written by a person or AI.

Now, in what may seem like a tipping point, the digital marketing firm Graphite recently published a study showing that more than 50% of articles on the web are being generated by artificial intelligence.

As a scholar who explores how AI is built, how people are using it in their everyday lives, and how it’s affecting culture, I’ve thought a lot about what this technology can do and where it falls short. 

If you’re more likely to read something written by AI than by a human on the internet, is it only a matter of time before human writing becomes obsolete? Or is this simply another technological development that humans will adapt to?...

If you set aside the more apocalyptic scenarios and assume that AI will continue to advance – perhaps at a slower pace than in the recent past – it’s quite possible that thoughtful, original, human-generated writing will become even more valuable.

Put another way: The work of writers, journalists and intellectuals will not become superfluous simply because much of the web is no longer written by humans."

Fordham Offers Certificate Focused on AI Ethics; Fordham Now, November 17, 2025

 Alex Williamson, Fordham Now; Fordham Offers Certificate Focused on AI Ethics

"As new technologies like artificial intelligence become increasingly embedded in everyday life, questions about how to use them responsibly have grown more urgent. A new advanced certificate program at Fordham aims to help professionals engage with those questions and build expertise as ethical decision-makers in an evolving technological landscape. 

The Advanced Certificate in Ethics and Emerging Technologies is scheduled to launch in August 2026, with applications due April 1. The 12-credit program provides students with a foundation for understanding not only how technologies such as AI work, but also how to evaluate their social and moral implications to make informed decisions about their use. 

A Long History of Ethical Education

The program’s development was guided by faculty in Fordham’s Center for Ethics Education, which has been a part of the University community for roughly three decades. According to Megan Bogia, associate director for academic programs and strategic initiatives at the center, the certificate program was developed in response to a growing need for ethical literacy among professionals working with new technologies—whether that means weighing questions of bias in AI-driven hiring tools, navigating privacy concerns in health data, or understanding the societal effects of automation. 

“As technologies rapidly advance and permeate more deeply into our daily lives, it’s important that we simultaneously build up the fluency to interrogate them,” said Bogia. “Not just so that we can advance a more just society, but also so we can be internally confident in navigating an increasingly complicated world.”

Flexible Options for a Variety of Fields

Students will complete courses that examine ethical issues related to technology, as well as classes that provide technical grounding in the systems behind it. One required course, currently under development by the Department of Computer and Information Science, will cover artificial intelligence for non-specialists, Bogia said, helping students understand “all of the machinations of LLMs—large language models—so they can be fully informed interlocutors with the models.”

Other courses will explore questions of moral responsibility and social impact. Electives such as “Algorithmic Bias” and “Technology and Human Development” will allow students to dig more deeply into specialized areas. 

Bogia said the program—which can be completed full-time or part-time, over the course of one or two years—was designed to be flexible and relevant for students across a wide range of fields and career stages. It may appeal to professionals working in areas such as business, education, human resources, health care, and law, as well as those in technology-focused fields like data science and cybersecurity. 

“These ethical questions are everywhere,” Bogia said. “We’ll have learning environments that meet students where they’re at and allow them to develop fluency in a way that’s most useful for them.”

She added that Fordham is an especially fitting place to pursue this kind of inquiry.

“As a Jesuit institution, Fordham is well-positioned to be concerned and compassionate in the face of hard problems,” said Bogia. 

To learn more, visit the program’s webpage."

Tech Titans Amass Multimillion-Dollar War Chests to Fight AI Regulation: Some are battling state AI laws and threatening to punish candidates who oppose rapid deployment of the technology; The Wall Street Journal, November 27, 2025

 Laura J. Nelson , The Wall Street Journal; Tech Titans Amass Multimillion-Dollar War Chests to Fight AI Regulation: Some are battling state AI laws and threatening to punish candidates who oppose rapid deployment of the technology

"Billionaires, tech titans and their opponents are amassing multimillion-dollar war chests for a chaotic, bruising battle over AI regulation ahead of the 2026 midterm elections.

Opponents of state-level regulation fear a patchwork of laws will slow America’s progress in the artificial-intelligence arms race with China. They argue that the U.S. must spend trillions of dollars and build quickly in the coming years to maintain supremacy."

Artificial intelligence, intellectual property, and human rights: mapping the legal landscape in European health systems; npj Health Systems, November 25, 2025

Robin van Kessel, Jelena Schmidt, 

Hannah van Kolfschooten, 

Sam Feudo, 

Katie Young, 

Laura Valtere, 

Timo Minssen & 

Elias Mossialos 

, npj Health Systems ; Artificial intelligence, intellectual property, and human rights: mapping the legal landscape in European health systems

"Abstract

Intellectual property (IP) rights and IP-related rights, such as trade secrets and regulatory exclusivities, play a crucial role in the development and deployment of artificial intelligence (AI) technologies. However, possible interactions may be anticipated when comparing the legal relationships formed by these rights with those established by human rights. This study synthesises 53 laws and treaties illustrating the IP landscape for AI in health systems across Europe and examines their intersections with health-focused human rights. Our analysis reveals that a great variety of datasets, software, hardware, output, AI model architecture, data bases, and graphical user interfaces can be subject to IP protection. Although codified limitations and exceptions on IP and IP-related rights exist, interpretation of their conditions and scope permits for diverse interpretations and is left to the discretion of courts. Comparing these rights to health-focused human rights highlights tensions between promoting innovation and ensuring accessibility, quality, and equity in health systems, as well as between human rights ideals and the protection of European digital sovereignty. As these rights often pursue conflicting objectives and may involve trade-offs, future research should explore new ways to reconcile these objectives and foster solidarity in sharing the risks and benefits among stakeholders."

Copyright Piracy at the Supreme Court In Cox v. Sony: is an internet provider liable for digital thieves?; The Wall Street Journal, November 27, 2025

The Editorial Board, The Wall Street Journal; Copyright Piracy at the Supreme Court" In Cox v. Sony, is an internet provider liable for digital thieves?

"If a college student pirates music files, can his broadband provider be liable for his copyright infringement? That’s the question before the Supreme Court on Monday in Cox Communications v. Sony Music Entertainment, which tugs at the tension between protecting intellectual property and the internet."

Supreme Court Defers Ruling on Trump’s Effort to Oust Copyright Official; The New York Times, November 26, 2025

Ann E. Marimow, The New York Times ; Supreme Court Defers Ruling on Trump’s Effort to Oust Copyright Official

"The Supreme Court on Wednesday deferred a decision about whether President Trump could remove the government’s top copyright official until after the justices resolved a pair of related cases testing the president’s power to fire independent regulators.

The court’s order is a placeholder and means that Shira Perlmutter, the head of the U.S. Copyright Office, can remain in her role as an adviser to Congress at least until January. The order represents a rare departure from recent cases in which the conservative majority has allowed Mr. Trump to immediately remove agency leaders while litigation over their status continues in the lower courts.

The justices said they were putting off a decision in Ms. Perlmutter’s case until after the court heard arguments in December and January in cases testing the president’s authority to fire other government officials, despite laws generally prohibiting their dismissals that were meant to protect them from political interference."

Prosecutor Used Flawed A.I. to Keep a Man in Jail, His Lawyers Say; The New York Times, November 25, 2025

 Shaila Dewan, The New York Times ; Prosecutor Used Flawed A.I. to Keep a Man in Jail, His Lawyers Say

"On Friday, the lawyers were joined by a group of 22 legal and technology scholars who warned that the unchecked use of A.I. could lead to wrongful convictions. The group, which filed its own brief with the state Supreme Court, included Barry Scheck, a co-founder of the Innocence Project, which has helped to exonerate more than 250 people; Chesa Boudin, a former district attorney of San Francisco; and Katherine Judson, executive director of the Center for Integrity in Forensic Sciences, a nonprofit that seeks to improve the reliability of criminal prosecutions.

The problem of A.I.-generated errors in legal papers has burgeoned along with the popular use of tools like ChatGPT and Gemini, which can perform a wide range of tasks, including writing emails, term papers and legal briefs. Lawyers and even judges have been caught filing court papers that were rife with fake legal references and faulty arguments, leading to embarrassment and sometimes hefty fines.

The Kjoller case, though, is one of the first in which prosecutors, whose words carry great sway with judges and juries, have been accused of using A.I. without proper safeguards...

Lawyers are not prohibited from using A.I., but they are required to ensure that their briefs, however they are written, are accurate and faithful to the law. Today’s artificial intelligence tools are known to sometimes “hallucinate,” or make things up, especially when asked complex legal questions...

Westlaw executives said that their A.I. tool does not write legal briefs, because they believe A.I. is not yet capable of the complex reasoning needed to do so...

Damien Charlotin, a senior researcher at HEC Paris, maintains a database that includes more than 590 cases from around the world in which courts and tribunals have detected hallucinated content. More than half involved people who represented themselves in court. Two-thirds of the cases were in United States courts. Only one, an Israeli case, involved A.I. use by a prosecutor."

Estate of Johnny Cash suing Coca-Cola for using tribute act in advert; The Guardian, November 27, 2025

 Laura Snapes, The Guardian; Estate of Johnny Cash suing Coca-Cola for using tribute act in advert

"The estate of Johnny Cash is suing Coca-Cola for illegally hiring a tribute act to impersonate the late US country singer in an advertisement that plays between college football games.

The case has been filed under the Elvis Act of Tennessee, made effective last year, which protects a person’s voice from exploitation without consent. The estate said that while it has previously licensed Cash’s songs, Coca-Cola did not approach them for permission in this instance."

What Is Agentic A.I., and Would You Trust It to Book a Flight?; The New York Times, November 25, 2025

 Gabe Castro-Root, The New York Times ; What Is Agentic A.I., and Would You Trust It to Book a Flight?

"A bot may soon be booking your vacation.

Millions of travelers already use artificial intelligence to compare options for flights, hotels, rental cars and more. About 30 percent of U.S. travelers say they’re comfortable using A.I. to plan a trip. But these tools are about to take a big step.

Agentic A.I., a rapidly emerging type of artificial intelligence, will be able to find and pay for reservations with limited human involvement, developers say. Companies like Expedia, Google, Kayak and Priceline are experimenting with or rolling out agentic A.I. tools.

Travelers using agentic A.I. would set parameters like dates and a price range for their travel plans, then hand over their credit card information to the bot, which would monitor prices and book on their behalf...

Think of agentic A.I. as a personal assistant, said Shilpa Ranganathan, the chief product officer at Expedia Group, which is developing both generative and agentic A.I. trip-planning tools.

While the more familiar generative A.I. can summarize information and answer questions, agentic tools can carry out tasks. Travelers benefit by deputizing these tools to perform time-consuming chores like tracking flight prices."

AI, ethics, and the lawyer's duty after Noland v. Land of the Free; Daily Journal, November 24, 2025

 Reza Torkzadeh, Daily Journal; AI, ethics, and the lawyer's duty after Noland v. Land of the Free

"Noland establishes a bright line for California lawyers. AI may assist with drafting or research, but it does not replace judgment, verification or ethical responsibility. Technology may change how legal work is produced -- it does not change who is accountable for it."

Freedom To Read; Mt. Lebanon Magazine, November 24, 2025

 Merle Jantz, Freedom To Read; Freedom To Read

"Patrons will tell you: There’s a lot to love about Mt. Lebanon Public Library. Award-winning programs for all ages, knowledgeable and committed staff members, a wide and lovingly curated collection of items from multiple media and plans for a building renovation. Enough good stuff to make it a thriving community hub. But one thing stood out above all the rest, and caught the eye of the Pennsylvania Library Association’s Library of the Year selection board, which chose Mt. Lebanon from among 630 public libraries, marking the first time any Allegheny County library has received the award. The library is the commonwealth’s first (and at press time only) book sanctuary.

The Chicago Public Library and the City of Chicago launched the first book sanctuary in 2022, declaring themselves a space for endangered stories and calling for others to join the movement. Currently, there are 5,361 book sanctuaries across the country.

What’s a book sanctuary? 

It’s a space where access to books and the right to read them are protected. A book sanctuary is committed to doing at least one of the following:

• Collecting and protecting endangered books
• Making those books broadly accessible
• Hosting book talks and events on banned books featuring diverse voices
• Educating others on the history of book bans and burning
• Upholding the First Amendment rights of all citizens 

This means the library will not remove or relocate any materials from the library’s collection, as long as those materials meet the standards of the approved policy."

‘The Library of Congress’ Review: Corridors of Knowledge; The Wall Street Journal, November 25, 2025

 Michael Auslin , The Wall Street Journal; ‘The Library of Congress’ Review: Corridors of Knowledge

"When the president unexpectedly fired the librarian of Congress, a prominent legislator denounced the “open despotism which now rules at Washington.” The year was 1829, and as Andrew Jackson installed a political ally as librarian, it was Henry Clay who accused the president of being a threat to democracy. 

This is but one vignette from Jane Aikin’s comprehensive history “The Library of Congress” (Georgetown, 356 pages, $32.95), which shows how bare-knuckled domestic politics have often shadowed the crown jewel of America’s intellectual institutions. In April, the library turned 225 years old, secure in its position as one of the world’s largest libraries. It now houses approximately 178 million items, from ancient clay tablets to Stradivarius violins, from the Gutenberg Bible to ever-expanding digital records."

Court to consider billion-dollar judgment for copyright infringement; SCOTUSblog, November 25, 2025

Ronald Mann , SCOTUSblog; Court to consider billion-dollar judgment for copyright infringement

"The court will hear its big copyright case for the year during the first week of the December session, when on Monday, Dec. 1, it reviews a billion-dollar ruling against Cox Communications based on its failure to eradicate copyright infringement by its customers."

Is unauthorized artificial intelligence use in law school an honor code violation?; ABA Journal, November 4, 2025

 JULIANNE HILL, ABA Journal; Is unauthorized artificial intelligence use in law school an honor code violation?

"With generative artificial intelligence’s growing availability and acceptance into students’ workflow, some law schools are wondering whether unauthorized AI use should be an honor code violation—something that could potentially trip up aspiring lawyers in the character and fitness portion of the bar licensure process...

Lack of clarity

The problem stems from unclear AI policies within law schools and universities, says Daniel W. Linna Jr., a senior lecturer and the director of law and technology initiatives at the Northwestern University Pritzker School of Law in Illinois.

These cases “illustrate why these policies are problematic,” says Linna, a 2018 Journal Legal Rebel.

The vast majority of policies that Linna has seen at law schools don’t draw firm lines between what is and what isn’t acceptable...

“We don’t have a good means of policing this,” Linna says. “What if someone is wrongly accused and or maybe even makes innocent mistakes? This should really force law schools to reconsider what we’re trying to accomplish with these policies and whether we’re doing more harm than good.”...

Along with clear AI policies, says Kellye Testy, the executive director and CEO of the Association of American Law Schools, the solution includes solid ethical training for law students to use AI before entering the workplace, where comfort with the tool will be expected."

A Victory for IMLS as Court Blocks Trump’s Attempt to Dismantle Agency; Library Journal, November 21, 2025

 Lisa Peet, Library Journal ; A Victory for IMLS as Court Blocks Trump’s Attempt to Dismantle Agency

"In a summary judgment on November 21 in Rhode Island v. Trump, Judge John J. McConnell Jr. ruled that the Trump administration’s attempt to shut down the Institute of Museum and Library Services (IMLS), along with other federal agencies, was illegal and unconstitutional.

McConnell’s ruling permanently enjoins the administration “from taking any future actions to implement, give effect to, comply with, or carry out the directives contained in the Reduction EO with respect to IMLS,” as well as the Minority Business Development Agency, the Federal Mediation and Conciliation Service, and the United States Interagency Council on Homelessness.

Shortly after President Trump issued a March 14 executive order that called for the elimination of IMLS and six other government agencies, two separate lawsuits were filed: American Library Association v. Sonderling by the American Library Association (ALA) and the American Federation of State, County and Municipal Employees; and Rhode Island v. Trump by a coalition of 21 state attorneys general."

Huckabee’s Copyright Claim Over AI Advances Against Bloomberg; Bloomberg Law, November 25, 2025

Aruni Soni

, Bloomberg Law; Huckabee’s Copyright Claim Over AI Advances Against Bloomberg

 "A federal judge declined to dismiss a copyright-infringement claim in a proposed class action led by Mike Huckabee, accusing Bloomberg LP of using a pirated dataset to train its AI model.

Judge Margaret M. Garnett said she couldn’t evaluate Bloomberg’s defense that its use of authors’ books to train BloombergGPT was fair use under US copyright law without a factual record, denying its motion to dismiss in a Monday opinion filed in the US District Court for the Southern District of New York."

White Bird Clinic sues Willamette Valley Crisis Care over misuse of trade secrets, copyright infringement; Oregon Public Broadcasting (OPB), November 24, 2025

Nathan Wilk , Oregon Public Broadcasting (OPB); White Bird Clinic sues Willamette Valley Crisis Care over misuse of trade secrets, copyright infringement

"Eugene’s White Bird Clinic is suing a rival nonprofit, Willamette Valley Crisis Care, over copyright infringement and the stealing of trade secrets.

WVCC was founded after White Bird shuttered CAHOOTS services in Eugene in April. The new nonprofit hopes to launch a similar mobile crisis intervention program and has multiple former CAHOOTS staff members on board.

White Bird is now alleging that minutes before WVCC co-founder Alese “Dandy” Colehour sent a resignation letter to White Bird earlier this month, they downloaded confidential client information, training manuals and other materials to give to the newer non-profit.

White Bird is also accusing the WVCC of infringing on its CAHOOTS trademark through advertising materials and other public outreach efforts, and of passing off White Bird’s services as its own."

Minister indicates sympathy for artists in debate over AI and copyright; The Guardian, November 23, 2025

 Robert Booth, The Guardian; Minister indicates sympathy for artists in debate over AI and copyright

 "The technology secretary, Liz Kendall, has indicated she is sympathetic to artists’ demands not to have their copyrighted works scraped by AI companies without payment and said she wanted to “reset” the debate.

In remarks that suggest a change in approach from her predecessor, Peter Kyle, who had hoped to require artists to actively opt out of having their work ingested by generative AI systems, she said “people rightly want to get paid for the work that they do” and “we have to find a way that both sectors can grow and thrive in future”.

The government has been consulting on a new intellectual property framework for AI which, in the case of the most common large language models (LLMs), requires vast amounts of training data to work effectively.

The issue has sparked impassioned protests from some of Britain’s most famous artists. This month Paul McCartney released a silent two-minute 45 second track of an empty studio on an album protesting against copyright grabs by AI firms as part of a campaign also backed by Kate Bush, Sam Fender, the Pet Shop Boys and Hans Zimmer."

Missouri court strikes down 2022 law that pulled library books off shelves; Missouri Independent, November 18, 2025

 ANNELISE HANSHAW, Missouri Independent ; Missouri court strikes down 2022 law that pulled library books off shelves

"A Jackson County Circuit Court judge struck down a state law criminalizing school employees for supplying “sexually explicit material” to students, ruling it unconstitutionally vague and overbroad in a five-page decision Monday.

“This is a real victory for all library professionals who are trained to select age-appropriate, developmentally appropriate material for students in both public and private schools,” Gillian Wilcox, the ACLU of Missouri’s director of litigation, told The Independent. “It is a real insult to their training and professionalism for the government to think that it knows better what books belong in those schools, and it’s an insult to parents as well.”

The now-void law, passed by Missouri lawmakers in 2022, expanded the state’s regulations on pornography to create the offense of providing explicit sexual material to a student. It applied only to those “affiliated with a public or private elementary or secondary school in an official capacity.”

The law is part of a larger trend placing higher scrutiny on what books are offered by libraries and schools. In Missouri, efforts earlier this year to place new restrictions on digital libraries and expand the officials who could face prosecution were debated but did not pass."

Power of traditional knowledge in modern education; Navajo Times, October 30, 2025

Harold G. Begay , Navajo Times; Power of traditional knowledge in modern education

"Re-envisioning humanity’s relationship to nature, authentic Native knowledge, and advancing scientific frameworks is deserving of rediscovery and serious attention. Our systemic traditional knowledge has always been our guiding light, deeply embedded in our worldview, our interpretation of the natural world, and its profound link to contemporary science.

Our schoolchildren and students deserve challenging academics to acquire the tools critical to re-envision humanity’s relationship with nature and to rediscover the importance of our authentic heritage, Native knowledge. It is important to reconsider, invest in, and deepen our understanding of humanity’s connection to nature, our authentic Native knowledge, and the advancement of scientific frameworks. These areas are worthy of renewed educational discovery and meaningful exploration."

Rock Hall ‘fair use’ ruling raises big questions for creators; Cleveland.com, November 21, 2025

Peter Chakerian, Cleveland.com; Rock Hall ‘fair use’ ruling raises big questions for creators

"Seeing things from both sides

“It can be a slippery-sloped and indeed it was a slippery slope,” said attorney Mark Avsec, partner and vice chair of the Intellectual Property Group of Benesch, Friedlander, Coplan & Aronoff.

Avsec was part of the funk-rock band Wild Cherry (“Play That Funky Music”) and was an original member of Donnie Iris & the Cruisers. The keyboardist-songwriter wrote or co-wrote all the latter band’s music, was its sole lyricist and produced all of its albums.

“[C]ases started evolving to where any derivative work based on a copyrighted work was almost by definition transformative and therefore a fair use,” he said. 

“That can’t be right. A copyright owner’s ability to authorize or not authorize derivative works based on the copyrighted work is an important right under the Copyright Act.”

Avsec said that the Supreme Court’s ruling in the recent Warhol case reset things."

Tech should help us be creative. AI rips our creativity away; The Guardian, November 21, 2025

 Dave Schilling, The Guardian ; Tech should help us be creative. AI rips our creativity away

"Advocates for AI art always throw the word “democratization” around, claiming that these machine tools remove the barriers for entry to creativity. Those barriers were actually pretty valuable, because they prevented people from having to suffer through things that are objectively bad. But again, that’s the old way of thinking. The concept of “bad” or “good” hardly exists any more. In its place, we have a goopy stew of garbage with a few nuggets of actual sustenance periodically bubbling up to the surface...

Technology used to be seen as an instrument for our creativity. A pencil made it easier to record our thoughts. A typewriter and a personal computer did the same, increasing our ability to say what we felt or wanted. Now, technology is actively interrupting our dreams. Artificial intelligence is not a tool for creativity, it’s a wet nurse who burps little babies and feeds them mashed peas every few hours. If I don’t have to spend time learning how to write or make music, then what do I even do with my creative life? I suppose I could spend more time engaging with content. I could devote my remaining days on this Earth to listening to all 100m songs on Spotify. Doesn’t that sound completely dreadful?"