How Courts Will Assess Damages In Generative AI Copyright Cases

FEARLESS MEDIA: The Future Of Entertainment, Media & Tech

In this episode, based on Peter Csathy's article of the same name, Peter's "synth" hosts discuss the central issue of remedies and damages for winning rights-holders in generative AI copyright cases -- and, relatedly, how the courts will even begin to assess monetary damages in a world where the relevant “harm” caused by an entire internet’s worth of unlicensed scraping has already been done (and can’t be undone unless existing LLMs are scrapped and AI training starts anew with licensed content only). Theoretical damage awards under copyright and related laws are downright astronomical.

The discussion flows from the court's recent rejection of “fair use” in the now notorious Thomson Reuters v. Ross Intelligence case — where it ruled that the scraping of copyrighted works without consent and compensation is infringement (not a defensible “fair use”) as a matter of law.

Peter generated this episode, based on his article, using Google NotebookLM (and he approves its content).

Reach out to host Peter Csathy at [email protected], and check out Peter's entertainment, media, AI and tech-focused business advisory and legal services firm Creative Media. You can also sign up for his free generative AI-focused newsletter "the brAIn" on Substack (via this link) -- all about how generative AI is transforming the media and entertainment industry.