the brAIn - real AI intelligence for media & entertainment Generative AI & Copyright: Infringement or Fair Use? Expert Panel Discussion
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Jul 25, 2025 Karen Chesley, Senior Litigation Counsel at The New York Times, Avery Williams, Partner at McKool Smith, and Sky Moore, entertainment law expert, dive into the contentious crossover of generative AI and copyright. They tackle landmark cases and the shifting landscape of fair use. Key issues include the vital need for better regulation, ethical content sourcing, and the challenges creators face in protecting their rights amid AI advancements. The panel also discusses the implications of misinformation and the necessity for clear guidelines in content creation.
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Prepare Robust Discovery Early
- Plaintiffs should prepare focused, comprehensive discovery to prove market harm and acquisition methods.
- Strengthen pleadings early because weak discovery can derail market-harm claims.
AI Can Replace The Worker Market
- Factor four market-substitution is evolving to include substitutes for hiring creators, not just copy-by-copy outputs.
- Courts may treat AI as replacing the worker or licensing market itself, altering the fair-use balance.
Platforms Echo Napster Liability
- Sky compared current generative-AI services to Napster when platforms knowingly enable mass infringement.
- He predicted platform liability where operators actively encourage and host infringing uploads.
