
The Lawfare Podcast Scaling Laws: AI Copyright Lawsuits with Pam Samuelson
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Sep 19, 2025 Pam Samuelson, the Richard M. Sherman Distinguished Professor of Law at UC Berkeley, discusses the intricate relationship between generative AI and copyright law. She breaks down key court rulings, such as Bartz v. Anthropic, highlighting the debates on transformative use and market harm. The conversation also explores the implications of market dilution theories in lawsuits against AI companies. With insights on the evolving legal landscape and the role of the U.S. Copyright Office, Samuelson sheds light on a rapidly changing and complex field.
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Warhol Didn't End Fair Use As We Know It
- Not all commentators think Warhol will gut fair use; subsequent cases show nuance.
- Some routine documentary and non-transformative uses remain clearly protected.
Alsup: Training Models Is Transformative Use
- Judge Alsup held using copyrighted texts to build an AI model is highly transformative and thus fair use.
- He viewed constructing a model as a non‑expressive, transformative purpose authors cannot control.
Court And EU See Text‑And‑Data Mining Differently
- Alsup also allowed scanning lawfully obtained books into databases as a transformative act.
- European law similarly embraces text-and-data-mining exceptions for research purposes.
