Friday’s Endnotes – 05/19/23

Andy Warhol Foundation for the Visual Arts v. Goldsmith, No. 21-869 (May 18, 2023) [PDF] — “If the last century of American art, literature, music, and film is any indication, the existing copyright law, of which today’s opinion is a continuation, is a powerful engine of creativity.”

Fair use defense by Richard Prince fails to sway judge on Instagram prints — “Finding that artist Richard Prince ‘indeed tested the boundary between appropriation art and copyright infringement,’ a federal judge refused to throw out a pair of long-running copyright suits against Prince for his Instagram-based series ‘New Portraits.'”

U.S. Congress Doesn’t Plan to Overreact to Generative AI Copyright Challenges — “Generative AI is a revolutionary technology that’s expected to change society as we know it but, in parallel, copyright concerns persist. During a House Judiciary IP Subcommittee Hearing yesterday it was made clear that Congress doesn’t plan to overreact. Lawmakers hope to find the middle ground, but that could be easier said than done.”

Why Harry Potter is the copyright timebomb under generative AI models — “The EU legislation would potentially put all LLM companies in the line of fire, because many of their models are trained on copyrighted writing. And the proposed law would impact companies globally, as anyone offering products and services in any EU country would have to comply. Cribbing off Harry Potter might be GenAI’s next copyright timebomb.”