Authors Alliance

The Incredible Shrinking Public Domain: Section 104A This is the latest in our series of posts marking the 50th anniversary of the Copyright Act of 1976. To find a list of all the posts in this series, click here. As anyone who has ever lived in…

Section 104A is responsible for one of the greatest contractions of the public domain in history. It’s the first provision in this series that wasn’t part of the original 1976 Act — it was a later addition that fundamentally changed the landscape of what works could be freely used in the US.

Cindy Cohn & @eff.org have led the fight for digital rights—challenging surveillance & protecting online freedom.

🎧 Cohn talks with Rainey Reitman about her new book, PRIVACY'S DEFENDER, and the cases that shaped the internet ➡️ futureknowledge.transistor.fm/episodes/pri...

@reitman.bsky.social

In a recent Fair Use Week blog post for @harvardlibrary.bsky.social, @authorsalliance.bsky.social’s Dave Hansen debunks the myth that fair use has strict limits like “10%” or “1,000 words,” explaining that it actually depends on whether the amount used is reasonable for the purpose.

🚨 Upcoming #booktalk! 🚨

Join us for Ryan Calo’s LAW AND TECHNOLOGY, exploring a clear framework for governing tech & defending rights in the digital age. Ryan will be in conversation with legal expert Danielle Citron.

📆 Thurs Mar 26
🕙 10 AM PT
📍 Online
🎟️ www.eventbrite.com/e/future-kno...

🧵

Hello from AWP 2026 in Baltimore! Come and say hello if you’re here. We have shirts and totes to share.

Markets Markets Markets (Value!) Part of the reason we’re so concerned about fair use being shifted by AI litigation is that, in most ways, we’re deeply appreciative of fair use as it presently exists and has been shaped over the …

Fair use’s fourth factor recognition of markets is not meant to erect walls around the markets for existing works. Instead, it forms part of a flexible standard built to withstand rapid change. Copyright’s purpose is to promote creative expression, not to shield authors from market backlash.

Confidently Incorrect: Misunderstanding “How Much Is Too Much” for Fair Use Of the four statutory fair use factors, the “the amount and substantiality of the portion used in relation to the copyrighted work as a whole,” may be the one that generates the most confident wron…

How much is too much? Of the four statutory fair use factors, the third factor, “the amount and substantiality of the portion used in relation to the copyrighted work as a whole,” may be the one that generates the most confident wrong answers.

📢 TOMORROW!

Learn how tech & capitalism shape human creativity in SEARCHES: SELFHOOD IN THE DIGITAL AGE w/ Vauhini Vara & Luca Messarra.

🎙️📖 A LIVE #booktalk you won’t want to miss.

📅 Thurs Feb 26, 2026
🕙 10 AM PT / 1 PM ET
📍 ONLINE
🎟️ www.eventbrite.com/e/future-kno...

@vauhinivara.bsky.social

Respecting the Second Factor The nature of a work has been reduced to two binary, rather forumulaic questions. In FY2024, the Copyright Office registered around 425,000 works, representing an important and representative slice…

Like Rodney Dangerfield, the second factor gets no respect. It deserves better. Judge Pierre Leval neatly summed up the view of nearly every court that has taken up a fair use question: “The second factor has rarely played a significant role in the determination of a fair use dispute.”

A Comprehensive Review of Post-Warhol Appellate Decisions on the First Factor Warhol v. Goldsmith (2023) marked the very first time the Supreme Court opined exclusively on a SINGLE fair use factor. Considering the importance of fair use under US copyright law, it is also sur…

As a part of the Fair Use week celebrations, we are writing a week of posts on the fair use statute. Today we explore the first factor, the purpose and character of the use, through Warhol v. Goldsmith, which marked the first time the Supreme Court opined exclusively on a single fair use factor.

Fair Use Week (Sec. 107) Fair uses are not simply excused infringements; they are never infringements in the first place. They are implied in the grant of copyright. Fair use is integral to the fabric of the law—you can no…

Happy Fair Use Week, everyone! We love fair use. We use it every day, and you probably do, too. As a part of the Fair Use week celebrations, we are extending our series on the 50th Anniversary of the Copyright Act of 1976 to include a week of posts on Section 107 of Title 17, our fair use statute.

🎬📚 Just dropped: MYSTERY COPYRIGHT THEATER 2026!

The @authorsalliance.bsky.social crew riff on works that entered the #publicdomain, untangling the weird, wild, and confusing world of #copyright law with irreverent but relevant commentary.

Full short👇
archive.org/details/mct2...

#PublicDomainDay

Copyright’s Angsty Teenager Stage (Section 104) Much as it did in other aspects of its interactions with the world, U.S. copyright learned that if it wanted to win the game, it needed to play the game.

The path to Section 104 began in 1891, with Congress’s first act to protect foreign authors. Under that law, and later under the 1909 Revision, a country’s authors received national treatment only if the president issued a proclamation granting protection.

Notes from a Recent Authors Alliance Workshop: DMCA §1202 and Attribution Standards for AI On Feb 5, 2026, we hosted a workshop on DMCA §1202 and Attribution Standards for AI. In brief, we wanted to have a conversation about how attribution standards should be developed and implemented i…

On Feb 5, 2026, we hosted a workshop on DMCA §1202 and Attribution Standards for AI. Without attribution we lose the ability to interrogate and scrutinize research. If AI models move away from verifiable systems and undermine our ability to trust information, the results will be catastrophic.

📚 How does tech shape our desire to understand & connect?

Join award-winning journalist & author @VauhiniVara.bsky.social for a LIVE #booktalk on SEARCHES: SELFHOOD IN THE DIGITAL AGE w/ co-host Luca Messarra.

📅 Thu Feb 26, 2026
🕙 10 AM PT
📍 ONLINE
🎟️ www.eventbrite.com/e/future-kno...

The recording from our #PublicDomainDay virtual event is now available!

🕵️ Investigate THE CASE OF THE DISAPPEARING COPYRIGHT to learn which works entered the #publicdomain—and why copyright is more complicated than it looks.

Watch the full recording ⤵️
archive.org/details/the-...

Fair Use Week Congressional Briefing Hosted by ARL and Re:Create — Association of Research Libraries Join the Association of Research Libraries (ARL) and Re:Create Coalition for a congressional staff briefing in Washington, DC, during Fair Use Week. The briefing will highlight perspectives on AI and....

🗓️ On Wednesday, Feb. 25 @arl.org & Re:Create are hosting a congressional briefing panel that will provide perspectives from legal and policy experts on AI and fair use. Learn more about the event and register here: www.arl.org/event/fair-u...

🎙️ Have you heard Future Knowledge?`

This #podcast from the Internet Archive ( @Archive.org ) & Authors Alliance ( @authorsalliance.bsky.social ) explores how knowledge is created, shared & preserved in the digital age.

Listen & subscribe ⤵️ Over 20 episodes out now!
🎧 futureknowledge.transistor.fm

Turtles All The Way Down (Sec. 103) There are a bunch of things going on in Section 103. One of the most interesting to me is the introduction of layers of copyright. What happens when a work is built on previous material? Section 10…

The next stop in our tour of the Copyright Act is Section 103, which is where the Copyright Act considers secondary works. What happens when a work is built on previous material? Section 103 provides the answer.

📚 How do our searches shape who we are, and who profits?

Join Vauhini Vara for a LIVE podcast recording and #booktalk on SEARCHES, co-hosted by Luca Messarra.

📅 Thurs Feb 26, 2026
🕙 10am PT / 1pm ET
📍 ONLINE
🎟️ blog.archive.org/event/book-t...

@authorsalliance.bsky.social @vauhinivara.bsky.social

Check Out Our New Open Data FAQ Open Access to research data is an important component of many Open Access initiatives. Open Data allows research to be verified and replicated. It also helps build transparency, accountability, an…

We’re excited to announce the launch of a new Open Data Resources page, designed to help researchers, librarians, and research support professionals navigate the increasingly complex landscape of data sharing:

⏰ TOMORROW ⏰

Join us #LIVE for a Future Knowledge #Podcast recording: AI TOOLS, NOT GODS.

It's a timely conversation cutting through AI hype and policy myths, focused on evidence, accountability & real-world impact.

📆 Tues Feb 10
🕙 10 AM PT
📍 Online event
🎟️ www.eventbrite.com/e/future-kno...

Fair Use Week Congressional Briefing Hosted by ARL and Re:Create — Association of Research Libraries Join the Association of Research Libraries (ARL) and Re:Create Coalition for a congressional staff briefing in Washington, DC, during Fair Use Week. The briefing will highlight perspectives on AI and....

Join ARL & @recreatecoalition.bsky.social for a congressional staff briefing during #FairUseWeek, Wed Feb 25 in DC, on #AI & #FairUse!

RSVP: bit.ly/FUW26briefing

@authorsalliance.bsky.social @nyulaw.bsky.social @eff.org @bb.usefairuse.com @davehansen.bsky.social @ktrendacosta.bsky.social

🎙️ Join us for a FUTURE KNOWLEDGE #PODCAST LIVE RECORDING: AI TOOLS, NOT GODS

Featuring Caroline De Cock, LL.M., Head of Research at information labs.A clear-eyed look at how AI narratives influence real laws.

📆 Tues Feb 10
🕙 10 AM PT
📍 Online event
🎟️ www.eventbrite.com/e/future-kno...

#booktalk

Copyright’s Umbrella (Sec. 102) Section 102 maps the general contours of what is included, and then of what isn’t covered. Section 102 tells us what is covered by copyright in broad strokes, and then shows us (and courts) how to …

There is a quiet revolution that takes place in Sec. 102. For nearly two centuries, U.S. copyright was only available for a class of work when Congress explicitly chose to provide it. The first Copyright Act applied only to maps, charts, and books.

www.authorsalliance.org/2026/02/06/c...

Legal Pathways to Open Access Legal Pathways to Open Access is a joint project of Authors Alliance and SPARC to study critical issues in access to scholarly research. Among the goals of the year-long project are a series of whi…

We have 3 must-read papers & valuable resources created w/ @authorsalliance.bsky.social on
1) #OpenAccess & U.S. Federal Information Policy;
2) The Legal Basis for Federal #PublicAccess Mandates;
3) Federal Grants & Institutional IP policies.
Download now: www.authorsalliance.org/legal-pathwa...

We've officially launched! With our new #DiamondOpenAccess investment campaign to help libraries build a sustainable, community‑led future for scholarly publishing & support journals flipping away from costly subscription models. Read the Press release here drive.google.com/file/d/10Hgf...

You Keep Using That Word . . . (Sec. 101) This is the latest in our series of posts marking the 50th anniversary of the Copyright Act of 1976. To find a list of all the posts in this series, click here. The first thing you read when you op…

The first thing you read when you open Title 17 is the first thing you'll read when you open many sources of law—definitions, an appropriate place to start our exploration of the Copyright Act.

www.authorsalliance.org/2026/01/30/y...

Welcome! You are invited to join a webinar: Understanding NSF's PAPPG Update. After registering, you will receive a confirmation email about joining the webinar. On February 2nd, SPARC will host a webcast in collaboration with Authors Alliance to walk through the changes to NSF's Proposal and Award Policies and Procedures Guide (PAPPG) that includes new public...

Join us on Feb. 2 at 3pm ET for a webcast w/ the @authorsalliance.bsky.social. We'll provide an overview of the NSF publication & data sharing policies in the Proposal and Award Policies & Procedures Guide released Jan. 22. Get a policy overview + time for Q&A. sparcopen-org.zoom.us/webinar/regi...

What happens when we build a commons-based, scholar-led publishing landscape?

On this episode of the Future Knowledge #podcast, @SamuelMoore.org & @HJoseph.bsky.social discuss PUBLISHING BEYOND THE MARKET & reimagining open access.

🎧 Tune in ➡️ futureknowledge.transistor.fm/episodes/pub...