Just posted "Artificial Creativity" to ssrn, in which I highlight differences between artificial and human creativity and what those differences might mean for aspects of copyright law. papers.ssrn.com/sol3/papers....
Artificial Creativity
<p><span>Artificial intelligence (AI) is increasingly capable of generating outputs that resemble human creativity, all without much human direction. This Artic
papers.ssrn.com
October 27, 2025 at 7:57 PM
Just posted "Artificial Creativity" to ssrn, in which I highlight differences between artificial and human creativity and what those differences might mean for aspects of copyright law. papers.ssrn.com/sol3/papers....
Have to think abt this more, but focusing on the market effects of AI output under fair use's factor 4 doesn't seem right. AI developers do not produce the output; users do. May be relevant under an inducement theory of liability if users' output infringes arstechnica.com/tech-policy/...
Judge on Meta’s AI training: “I just don’t understand how that can be fair use”
Judge downplayed Meta’s “messed up” torrenting in lawsuit over AI training.
arstechnica.com
May 9, 2025 at 4:37 AM
Have to think abt this more, but focusing on the market effects of AI output under fair use's factor 4 doesn't seem right. AI developers do not produce the output; users do. May be relevant under an inducement theory of liability if users' output infringes arstechnica.com/tech-policy/...
New: "An Evidence-Based Approach to Fair Use" (Ga. L. Rev. w coauthors). Argue courts should utilize modern access to data & analytical tools in resolving fair use factor 4 Qs. Proof of concept: find sampling a song causes on average 50% increase in streams. Details: papers.ssrn.com/sol3/papers....
AN EVIDENCE-BASED APPROACH TO FAIR USE
Recent Supreme Court cases have opened the door for market effects to play an even more prominent role in copyright law's fair use defense to copyright infringe
papers.ssrn.com
March 21, 2025 at 12:51 AM
New: "An Evidence-Based Approach to Fair Use" (Ga. L. Rev. w coauthors). Argue courts should utilize modern access to data & analytical tools in resolving fair use factor 4 Qs. Proof of concept: find sampling a song causes on average 50% increase in streams. Details: papers.ssrn.com/sol3/papers....
"Extra-Legal Uses of TM" (w Stephanie Plamondon & LaReina Hingson) is now out (NYU J. I.P. & Entertainment L.). In it, we survey & categorize non-legal uses of the TM symbol and provide some thoughts on what those uses might mean for TM law. Read it if you dare! jipel.law.nyu.edu/extra-legal-...
Extra-legal Uses of TM - NYU Journal of Intellectual Property & Entertainment Law
Clark D. Asay,* LaReina Hingson,** & Stephanie Plamondon*** Download a PDF version of this article here. . Theoretical accounts of trademark law suggest that trademarks serve multiple marketplace func...
jipel.law.nyu.edu
March 4, 2025 at 10:22 PM
"Extra-Legal Uses of TM" (w Stephanie Plamondon & LaReina Hingson) is now out (NYU J. I.P. & Entertainment L.). In it, we survey & categorize non-legal uses of the TM symbol and provide some thoughts on what those uses might mean for TM law. Read it if you dare! jipel.law.nyu.edu/extra-legal-...
New: "Copyright at the Federal Circuit," J. (c) Society, reviews all Fed. Cir.'s (c) law opinions to see how it fares as a (c) court. Conclusion: does fine, but important to keep monitoring its performance if it becomes de facto supreme court of software (c) appeals: papers.ssrn.com/sol3/papers....
Copyright Law at the Federal Circuit
The Court of Appeals for the Federal Circuit is the nation's preeminent patent law court. But curiously, it sometimes decides important copyright law cases, too
papers.ssrn.com
March 3, 2025 at 8:23 PM
New: "Copyright at the Federal Circuit," J. (c) Society, reviews all Fed. Cir.'s (c) law opinions to see how it fares as a (c) court. Conclusion: does fine, but important to keep monitoring its performance if it becomes de facto supreme court of software (c) appeals: papers.ssrn.com/sol3/papers....