Busy week in copyright! The latest Re:Create Recap breaks it all down with analysis from Executive Director @bb.usefairuse.com: ⚖️The ROSS appellate opinion 🎁 Big Content's site-blocking wish list 💡 The latest AI & copyright lawsuit updates And more! Read here:

Love to see Anscombe get some representation here. Had I stayed the course in philosophy, I was going to join the virtue ethics revivalists.

Existential Comics@existentialcomics.com · last wk.

The Philosophy of Shoplifting a Giant Turkey existentialcomics.com/comic/675

Before the 5.5 video look goes out of style like Ghiblification, I thought it would be fun to generate a music video on copyright originality in the UK for my upcoming class. I'm delighted with the result, filled with fun copyright Easter eggs.

Bad Hostage is one of my favorite client projects. It's as smart, empathetic, and no-bullshit as the main character, a single mother who was taken hostage by a couple of desperate hippies but realized the police were a bigger threat to her life. youtu.be/xRxcuhbIigo...

Bad Hostage | Documentary Short | Switchboard Shorts (2026)

After my grandmother was held hostage, she shocked her small town b...

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If the 3rd Circuit followed Judge Bibas in Ross, then they got a couple of key things very wrong. I wrote about Judge Bibas' terrible district court opinion at the time - published in Law360 but unpaywalled here thanks to their generous author agreement: recreatecoalition.org/2-errors-li...

2 Errors Limit The Potential Influence Of AI Fair Use Case - Re:Create

As seen in Law360. The first big artificial intelligence fair use legal opinion is out,[1] and it was a surprising loss for AI developer ROSS Intelligence,[2] whose AI training was found to infringe copyrights held by Thomson Reuters,[3] owner of legal publisher Westlaw. Attorneys and others who care about fair use and emerging technology have […]

recreatecoalition.org

Obviously, it’s quite difficult to opine on an opinion that hasn’t been published. But the news today that @ROSSIntel has lost its appeal in the third circuit does leave room for a couple of general observations regardless of the details.

Over 300 news execs are flying to DC today to tell Congress to kneecap anonymous tools that reporters need to hold powerful people (like big news publishers) accountable. They're pushing the Stealth Bot Prohibition Act to get an AI windfall, even if it makes crucial journalism about the web illegal.

Today, Re:Create Executive Director @bb.usefairuse.com sent a letter to Senate Leadership outlining key concerns regarding H.R. 10204. Read the full letter here:

Re:Create Raises Concerns in Letter about H.R. 10204 - Re:Create

recreatecoalition.org

When Chairman Issa's siteblocking bill dropped with a thud last week, Big Content was eerily quiet about it. Turns out it wasn't draconian enough for them - they wanted a bill with even less protection for the public, and here it is: the "DEFEND IP Act." NOPE.

Re:Create Coalition@recreatecoalition.bsky.social · 3w ago

The DEFEND IP Act is an attack on the open web. 🌐 By forcing ISPs to act as copyright censors and streamlining site takedowns, this bill risks wiping out lawful small businesses, non-profits, and educational sites overnight.

OpenAI’s attorneys dropped a bombshell brief yesterday informing the court that the allegedly neutral scientific study of market effects submitted by the plaintiffs in their class action suit had actually been funded by the plaintiffs’ law firm, Sussman Godfrey. (Link below)

A new essay from @RSI makes several crucial points about who really benefits if the @nytimes and vulture capitalists Alden Global Capital win their big lawsuit over AI training. Hint: it ain't local news. www.rstreet.org/commentary/...

Local News Could Lose in The New York Times vs. OpenAI Case - R Street Institute

In a statement of interest filed recently in the case between The New York Times and OpenAI, the Department of Justice urged the court to reject the Times’ argument that training artificial intelligence (AI) models on copyrighted works is itself copyright infringement. If the court allows these broad copyright claims to proceed, there could be...

rstreet.org

Watch these disputes: they're evidence of what we've warned about, that giving the copyright oligopolies a windfall from AI has little to do with helping actual creators. It's a gold-rush for big media and trickle-down economics for working artists. www.latimes.com/entertainme...

Why some musicians aren't happy about labels signing AI deals with platforms

Record labels that sued AI music companies are now licensing them. But payouts are undisclosed, lawsuits continue and musicians ask who benefits.

latimes.com

The action around OpenAI's case and, uh, fretting over mass extinction or whatever, might have distracted us, but the Doe v. Github AI case had a meaningful ruling last week. It's the case about MSFT Co-Pilot code-writing AI, with claims that focus on outputs.

Happening tomorrow! You still have time to register (see link below) and feel free to share with others on your campus.

UC Berkeley Library Scholarly Communication & Information Policy@ucbscholcomm.bsky.social · last mo.

RSVP now for the Sept 17 workshop on navigating copyright and other legal considerations in your dissertation or thesis. We’re partnering with @authorsalliance.bsky.social on several fall semester workshops for new academic authors. update.lib.berkeley.edu/2026/09/02/r...

When I say this to my friends or law scholar colleagues who don’t focus on tech, I think they’re thinking that I’m being hyperbolic, making a bombastic declaration to make the point that I disagree with the doomers.

Dr. Damien P. Williams, dread portent down from a mountain cave@wolven.blacksky.app · 4w ago

You know how I keep saying that "AI" people since the 90s & 2000s all have the same metaphysical commitments & that the best way to understand them is through the lenses of comparative religious studies in new religious movements, mythmaking, & occult studies? I am not now & nor have I been kidding

Today, Rep. Darrell Issa introduced the “American Copyright Protection Act of 2026” which would allow rightsholders to secure “blocking orders” against foreign websites accused of copyright infringement.

Fast-tracked site-blocking bills bypass legal channels and invite copyright abuse, disrupting small businesses, nonprofits, and global internet users.

Eric Goldman has an illuminating update on the anticlimactic ending of Capitol Records v. Vimeo, a case that’s older than my children, both of whom are in high school. It’s the last case standing from the labels’ epic campaign against video platforms, and Vimeo won. But at a cost.

Don’t miss the latest Re:Create Recap for this week’s top copyright developments: 🏛️ The DOJ’s support of fair use in NYT v. OpenAI 🔑 ARL’s new push on DMCA exemption 🌐 A new Washington Examiner op-ed by @bb.usefairuse.com on DMCA abuses ⚖️ The irony of researchers’ paper on fair use & AI training

Are you getting the Re:Create ReCap newsletter? You should be! Every two weeks we send out updates on the latest copyright law and policy news, Re:Create member org happenings, and analysis and link recs from yrs truly. Hit "Subscribe" on our homepage: recreatecoalition.org

Homepage - Re:Create

Innovators, creators and consumers united for balanced copyright

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"The fairest use in the history of copyright law." Re:Create’s @bb.usefairuse.com shares with @newyorker.com why Anthropic’s "Project Panama," which buys and scans obscure books for AI, is fair use: it extracts shared facts without competing against original creators.

A team of academics has attracted news coverage with claims that AI regurgitates and competes unfairly with works in its training data, theses with a conveniently tight relationship to copyright plaintiffs' legal arguments. Now a leading AI scholar says one of their papers is misleading.

Looking forward to this holiday weekend, curling up next to the pool with...a fat stack of briefs from the OpenAI case! The parties' briefs are all in, and it's a hearty stack of goodness. The Courtlistener docket is here: www.courtlistener.com/docket/6987...

In Re: OpenAI, Inc. Copyright Infringement Litigation, 1:25-md-03143 - CourtListener.com

Docket for In Re: OpenAI, Inc. Copyright Infringement Litigation, 1:25-md-03143 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.

courtlistener.com

In a @notus.com piece, Executive Director @bb.usefairuse.com, Re:Create member @jonathanband.bsky.social, and @progresschamber.org's Adam Eisgrau discuss the DOJ’s historic fair use filing in NYT v. OpenAI and how it marks a major shift toward protecting American innovation. Read the full piece:

‘Darn Unusual’ DOJ Filing Has the Trump Administration on a Different Path

The administration's support for OpenAI in its legal fight against The New York Times departed from historic norms and could save AI companies billions of dollars.

notus.org

Rest in Power Gloria Steinem. I learned a lot about what a badass she was when we worked on Dear Ms. — check it out: youtu.be/45OJI-7K5a4

Dear Ms.: A Revolution in Print | Official Trailer | HBO

Ms. wasn’t just a magazine–it was a revolution. Told through the le...

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🚨🆕 Today in an op-ed for the Washington Examiner executive director @bb.usefairuse.com explains how copyright law is being weaponized to censor political coverage and why Congress must reject copyright expansion through site-blocking legislation like FADPA & the Block BEARD Act. Read the full piece⬇️

👏Big moment for fair use Re:Create Executive Director @bb.usefairuse.com welcomed the DOJ’s filing in NYT v. OpenAI, reinforcing that training AI models on public data is protected by copyright law’s fair use doctrine. Read the full statement: recreatecoalition.org/press_releas...

Had a great conversation with @BenMause for NOTUS about the DOJ's excellent brief in the OpenAI lawsuit. Good bits here from @AdamEisgrau, Jonathan Band, and others, as well. www.notus.org/courts/trum...

‘Darn Unusual’ DOJ Filing Has the Trump Administration on a Different Path

The administration's support for OpenAI in its legal fight against The New York Times departed from historic norms and could save AI companies billions of dollars.

notus.org