The Lawfare Podcast

Scaling Laws: AI Copyright Lawsuits with Pam Samuelson

27 snips
Sep 19, 2025
Pam Samuelson, the Richard M. Sherman Distinguished Professor of Law at UC Berkeley, discusses the intricate relationship between generative AI and copyright law. She breaks down key court rulings, such as Bartz v. Anthropic, highlighting the debates on transformative use and market harm. The conversation also explores the implications of market dilution theories in lawsuits against AI companies. With insights on the evolving legal landscape and the role of the U.S. Copyright Office, Samuelson sheds light on a rapidly changing and complex field.
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INSIGHT

Why Copyright Matters For AI Training

  • Copyright grants exclusive reproduction rights but allows fair use as a statutory limitation.
  • Using copyrighted works as AI training data creates reproductions that trigger fair use analysis.
INSIGHT

Fair Use Turns On Purpose And Market Effects

  • Fair use centers on purpose (including transformativeness) and market effect.
  • Courts weigh whether a use substitutes for the original and thus harms authors' economic incentives.
INSIGHT

Warhol Case Focused Courts On Market Substitution

  • Warhol v. Goldsmith forced courts to scrutinize substitution and licensing markets.
  • The Supreme Court found a licensed Warhol image could substitute Goldsmith's magazine-licensing market.
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