AI Clash Between Copyright and New Technology is an Old Tale

Every new technology brings with it new legal issues. Artificial intelligence, for example, raises copyright issues. 

It is not the first time new technology has clashed with established notions of copyright. 

When photocopying machines were commercialized, manufacturers tried to block the use of the machines for making copies of copyrighted work.

Sony tried to block the use of videocassette recorders to time shift video content for later viewing. Similar disputes erupted over the use of audiocassette tapes, music file sharing and video streaming as well. 

New Technology	Copyright Issues	Key Court Decisions
Photocopying Machines (1960s)	Mass reproduction of copyrighted materials without permission.	Fair Use Doctrine Established: Williams & Wilkins Co. v. United States (1964) established the four-factor fair use test: purpose and character of use, nature of copyrighted work, amount and substantiality of portion used, and effect of use upon the market. Copying for educational purposes could be fair use.
Audio Cassette Tapes (1970s)	Home recording of copyrighted music threatened record sales.	Audio Home Recording Act (1992): Established a royalty levy on blank audiotapes to compensate copyright holders for potential lost sales due to home recording.
MP3 Players and Napster (1990s)	Peer-to-peer file sharing enabled widespread music piracy.	A&M Records v. Napster (2001): Napster was found liable for contributory copyright infringement for failing to prevent users from sharing copyrighted music.
Streaming Services (2000s-Present)	Distribution model challenged traditional music licensing and revenue streams.	Negotiated Licensing Agreements: Streaming services like Spotify and Apple Music pay licensing fees to copyright holders based on user streams.
Digital Video Recorders (DVRs)	Shifting time viewing challenged broadcasters' control over programming.	Sony Corp. v. Universal City Studios (1984): Upheld the fair use of time-shifting for personal viewing using VCRs.

Similarly, conflicts have erupted over content, social media, search, open source software and user-generated content, for example. 

Content Issue	Copyright Issues	Key Court Decisions
Social Media Sharing	Sharing copyrighted content like photos, videos, and music raises questions of fair use and infringement.	Blurred Lines: Perfect 10 v. Amazon (2002) established thumbnails could be fair use for linking purposes. However, sharing entire works without permission is generally considered infringement. The specific context and amount used determine fair use.
User-Generated Content (UGC) Platforms	Platforms like YouTube or TikTok host user-uploaded content, potentially infringing on copyrights.	DMCA "Safe Harbor": The Digital Millennium Copyright Act (DMCA) provides a safe harbor for platforms if they remove infringing content upon notification from copyright holders. Platforms like YouTube have automated takedown systems based on copyright claims.
Software Sharing and Open-Source	Sharing copyrighted software raises concerns about piracy and unauthorized distribution.	Open-Source Licenses: Open-source licenses like GPL (General Public License) allow for modification and sharing of software code, as long as certain conditions are met. These licenses provide a framework for collaborative software development while protecting copyright.
Content Aggregation Services	News aggregators like Google News display headlines and snippets of copyrighted news articles.	Fair Use and Fair Reporting: Courts have generally allowed news aggregation under fair use for purposes of reporting and commentary. The amount and substantiality of content used are crucial factors.

Eventually we will figure out some balance between copyright and use of the new technology in non-infringing ways. But it may take a while.