Fair Use and Creative Commentary in Copyright Law

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Today’s show:

Cecilia joins Jason for an in-depth discussion about the New York Times versus OpenAI case, delving into the intricacies of fair use and analyzing the Fair Use Test (6:07), examining the legal complexities surrounding data scraping for Large Language Models (28:21), exploring possible ramifications of this legal confrontation between these titans (40:06), and more!

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Timestamps:

(0:00) Cecilia Joins Jason

(2:44) Cecilia’s Background in Law

(3:44) Jumping into the case of NY Times vs OpenAI.

(6:07) Exploring Fair Use legal tests

(11:57) MEV - Get $30,000 off your first three months at http://www.mev.com/twist

(13:50) The case of Roy Orbison vs Two Live Crew and the music industry’s rules on fair use.

(19:04) Picking apart the defense of attribution.

(22:22) Northwest Registered Agent - Get a 60% discount on your next LLC at http://www.northwestregisteredagent.com/twist

(24:43) Fair Use Test: Factors two and three

(28:21) Legal challenges in data scraping for LLMs

(32:40) Paintbrush - Visit http://www.getpaintbrush.com to see if you qualify for a $50K startup loan in less than 2 minutes

(34:19) The fourth and final factor in the Fair Use Test.

(40:06) Potential outcomes of NY Times vs OpenAI case

(47:04) Google vs Java and legal discussions on digital platforms

(51:49) Jason shares a possible solution to this case and how the subscription wall could change things.

(57:54) Cecilia’s Grinch images on X

(1:02:22) Legal viewpoint regarding commercial vs non-commercial use.

(1:04:14) Summarizing where all this is going with the NY Times and OpenAI trial.

(1:12:18) Reviewing the market-based solution to this case.

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Website: ceciliaziniti.com

Check out Ziniti Law: ⁠https://www.zinitilaw.com/

Check out Cecilia’s Maven Course here: https://maven.com/ceciliaz

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(32:40) Paintbrush - Visit http://www.getpaintbrush.com to see if you qualify for a $50K startup loan in less than 2 minutes

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