Tag Archives: copyright

5th Circuit puts its own spin on the server test

Posted on August 28, 2026 by rtushnet

Emmerich Newspapers, Inc. v. Particle Media, Inc., No. 25-60550 (5th Cir. Aug. 27, 2026) This is being reported as creating a split with the 9th Circuit; I don’t think that’s right in practice. As far as I can tell, the … Continue reading →

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Midjourney can’t force Disney to disclose the prompts it used that didn’t generate material in complaint

Posted on August 27, 2026 by rtushnet

Disney Enterprises, Inc. v. Midjourney, Inc., No. 2:25-cv-05275-JAK-AJR, 2026 WL 2055488 (C.D. Cal. Jun. 15, 2026) This is what seems like a significant discovery dispute; I’m not an evidence scholar, but there’s interaction with the fair use analysis that copyright … Continue reading →

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IPSC Closing Plenary Session: AI Everywhere All at Once

Posted on August 8, 2026 by rtushnet

Plagiarism or Transformation Machines? Evidence on Copyright, Economic Substitutes, and AI, Stefan Bechtold (with David Abrams & Christian Peukert) Prevalence rate: OpenAI v. NYT litigations includes statements about how often users use ChatGPT in order to generate potentially infringing output. … Continue reading →

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IPSC Breakout Session 5, IP, Politics & Identity

Posted on August 7, 2026 by rtushnet

Intellectual Property and Political Identity, Barbara Lauriat IP features some strange bedfellows, going back as early as we can find about patent & ©. Project: a book on Intellectual Property & Victorian Inquiry, examining Royal Commissions on Patent & Copyright. … Continue reading →

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IPSC Breakout Session 2 Copyright Fixation & Subject Matter

Posted on August 6, 2026 by rtushnet

Culture Isn’t Transitory: The Disappearance of Music and Film Under the Copyright Regime Amanda M. Whorton & David S. Levine How could © improve cultural heritage preservation? Modestly change fixation to help archivists. We have only one video recording of … Continue reading →

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IPSC Breakout Session 1 Copyright Secondary Liability

Posted on August 6, 2026 by rtushnet

Copyright’s Intent, Mark McKenna (with Laura A. Heymann & Alfred C. Yen) Cox: Contributory infringement for service providers can be shown only with intent, or with a service tailored to infringement. What happened to Gershwin? Will courts really accept that? … Continue reading →

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IPSC Opening Plenary Session: IP Openness, Secrecy, and Enclosure

Posted on August 6, 2026 by rtushnet

Selective Exploitation, Kristelia García Justifications for deference to rightsholders in enforcement context are less persuasive than justifications for deference to rightsholders in exploitation decisions. These aren’t infringers—outside of ©’s standard infringement/remedies scope. Conduct at issue: shifting content from Peacock to … Continue reading →

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Reading List: Jessica Litman, Casting Aspersions

Posted on June 26, 2026 by rtushnet

Read it now. Short, readable, and recommended: “If the politics of reforming copyright law to pay more attention to whether and how much … money finds its way into authors’ pockets seems too daunting to try, that says a great … Continue reading →

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Promoting Progress part 2 at AU WCL

Posted on June 5, 2026 by rtushnet

Framing the Public Interest Agenda – Beyond the Narrative of “Content vs. Tech” Framing Digital Consumer Rights US experience is v different from rest of world—want to support the int’l discussion keeping that in mind. US libraries are ubiquitous, 122,000 … Continue reading →

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Promoting Progress: 50 Years of the Copyright Act from the Perspective of the Public Interest

Posted on June 5, 2026 by rtushnet

AU Washington College of Law, Program on Information Justice & Intellectual Property Chatham House rules. Opening discussion: The Role of the Public Interest in Framing the Copyright Act of 1976 AI is sucking all the air out of © discussion … Continue reading →

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