fair use
(Un)fair Use?: Understanding the New York Times’s Lawsuit Against Microsoft and OpenAI
Jan. 8, 2024—By Jay Eischen The nascent generative artificial intelligence (AI) industry—OpenAI in particular—has dominated headlines for more than a year. Boardroom drama, hopes of explosive productivity growth, and cautionary tales of existential risks have intermittently gripped the public consciousness.[1] Most recently, however, the legality of OpenAI’s use of copyrighted materials in training their AI models has...
Copyright’s Lost Art of Substantial Similarity
Nov. 27, 2023—Sandra M. Aistars | 26 Vand. J. Ent. & Tech. L. 109 (2023) Three copyright doctrines focus more than any others on the contributions of authors to visual artworks: originality, substantial similarity, and fair use. Questions regarding the aesthetics of works of authorship filter into judicial determinations under each of these doctrines. This Article comments...
Orthogonal Purposes and Differing Motivations: Post-Warhol Fair Use Implications of “Who Is the Bad Art Friend?”
Nov. 7, 2023—In October 2021, the internet exploded over Robert Kolker’s New York Times article, “Who Is the Bad Art Friend?” For an instant of online fixation, the tale of Dawn Dorland Perry and Sonya Larson enamored the online masses. In Samuel Fujikawa's ('25) new post, explore how the District Court of Massachusetts revived the tale in Larson v. Perry, one of the first applications of the Supreme Court’s ruling in the Andy Warhol Foundation for the Visual Arts v. Goldstein,