I had a blast discussing the Cox v. Sony case with @zvirosen.bsky.social, Ben Sheffner, & Jake Tracer. Thanks to all three panelists for the wonderful conversation!

The video from this morning's webinar is now available on YouTube: www.youtube.com/watch?v=GVFy...

Hope you can check it out!

Tomorrow at 11:00 AM ET: I'm excited to be discussing the Cox v. Sony oral argument with my favorite #copyright geek @zvirosen.bsky.social at the "Courthouse Steps" webinar hosted by the Federalist Society. I hope you can join us!

Register here: fedsoc.org/events/court...

Please help me get the word out about the new websites for Legal Theory Blog and the Legal Theory Lexicon. Reposting here and on other social media sites is great. It would be especially helpful if law school faculty members could send an email to their colleagues with the new addresses.

These are your words of the week

flotilla
oeuvre
alderperson
vindictive
plenary
paraph
www.merriam-webster.com/wordplay/the...

Justice Scalia: "Restatements are of questionable value, and must be used with caution. Over time, the Restatements' authors have abandoned the mission of describing the law, and have chosen instead to set forth their aspirations for what the law ought to be." Kansas v. Nebraska, 574 U.S. at 475.

"When an ALI project is so riddled with disagreements that a substantial number of participants feel the need to resign and ask that their names be removed from the final product, it calls into question the legitimacy of the project." #copyright

Of all the things that never happened, this never happened the most.

A scientist tried to discredit the theory that ultra-processed foods are killing us. Instead, he overturned his own understanding of obesity.

Great & timely Hudson Institute policy memo by @copyrightalliance.org's Kevin Madigan on whether generative #AI training is #copyright infringement or fair use. #Hudson4IP

READ: www.hudson.org/information-...

And...yes. Another big AI decision. When a win is maybe not a win. The AI training is fair use cult may be very disappointed by Meta's Summary Judgment "victory" in its copyright suit. Be very very careful not to be spun by Meta's proxies and advocates.
READ THE ACTUAL OPINION CLOSELY. /1

“GenAI models may ‘transform’ input data into dazzling new outputs, but this isn’t the transformation that fair use favors. Under fair use, a transformative use is one that comments on, critiques, or provides new insights about an original work.”

www.copyhype.com/2025/06/not-...

Register Perlmutter has sued over her purported firing as head of the Copyright Office. She argues that the replacement of Dr. Hayden as Librarian is ultra vires & that her own removal violates separation of powers and the Appointments Clause. storage.courtlistener.com/recap/gov.us...

“There is a general undercurrent of anti-copyright sentiment that runs through the entire Copyright Restatement that manifests itself through a disproportionate focus on atypical court decisions that limit the scope of copyright protection.” —Keith Kupferschmid