Warhol vs. Goldsmith: Fair Use Unraveled

On today's Scaling Laws episode, Alan Rozenshtein sat down with Pam Samuelson, the Richard M. Sherman Distinguished Professor of Law at the University of California, Berkeley, School of Law, to discuss the rapidly evolving legal landscape at the intersection of generative AI and copyright law. They dove into the recent district court rulings in lawsuits brought by authors against AI companies, including Bartz v. Anthropic and Kadrey v. Meta. They explored how different courts are treating the core questions of whether training AI models on copyrighted data is a transformative fair use and whether AI outputs create a “market dilution” effect that harms creators. They also touched on other key cases to watch and the role of the U.S. Copyright Office in shaping the debate.

Mentioned in this episode:

• "How to Think About Remedies in the Generative AI Copyright Cases"
• by Pam Samuelson in Lawfare
• Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith
• Bartz v. Anthropic
• Kadrey v. Meta Platforms
• Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc.
• U.S. Copyright Office, Copyright and Artificial Intelligence, Part 3: Generative AI Training

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