Fair use is an affirmative defense in copyright law, where the burden of proof shifts to the accused to prove that their use of copyrighted work is fair. The evaluation of fair use involves four factors: transformation of the original work, the nature of the work, the amount of copying, and the effect on the market for the original work. Transformative use, whether the work is creative or fact-based, and the extent of copying are all critical in determining fair use. Additionally, fair use is not applicable to works in the public domain, and the effort to produce the work can impact its consideration for fair use.
The New York Times sued OpenAI and Microsoft last week for copyright infringement. Kevin Roose and Casey Newton walk through the lawsuit and discuss the stakes for news publishers. Then, they talk about Apple’s “walled garden,” which is facing threats from both regulators and 16-year-olds. Finally, we set our tech resolutions for the new year.
Today’s guest: Eric Migicovsky, co-founder of Beeper
Additional Reading:
- The New York Times sued OpenAI.
- Apple’s latest headache in the debate over blue vs. green bubbles.
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