Remove 2009 Remove Copying Remove Fair Use Remove Public Domain
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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

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Copyright Office Technical Measures Consultations

43(B)log

Designed to be freely available licensed or public domain; we occasionally use fair use images where no free image is available, such as when a famous work has been destroyed. So the tradeoff is not just are you big enough to justify using these measures but also these measures have serious costs to creators.