Professor Oren Bracha (University of Texas School of Law) informs us about what today’s debates over generative AI and copyright get right—and wrong.
Bracha explains why many infringement claims based on AI training misunderstand what copyright is designed to protect, and why courts may be stretching familiar tools like fair use to address broader social concerns. The conversation also explores who should be liable when AI outputs are infringing, and why a risk-based, negligence-style approach could better address systemic harms.
A wide-ranging discussion blending legal history, doctrine, and policy in the age of machine-made culture.